Arbitrators Awards
All conflicts arising under the collective agreement are to be resolved through "final and binding settlement by arbitration". Where the employee grieves his or her dismissal, the burden of proof rests on the employee to show that the discharge is wrongful.
Arbitrators will take into consideration the record of the discharged employee, seniority, the seriousness of the employee's actions, the employer's reaction to similar offenses and the possibility of ulterior motives for the discharge.
An arbitrator may determine that the penalty of termination was excessive in the circumstances, in which case a number of options are available including:
- if it is found that the discharge was without cause, the arbitrator may simply order the employer to re-hire the employee
- if it is found there was some cause for discipline but that dismissal was too severe, he may substitute a lesser penalty
Should you require legal assistance, please email us at lawyers@grosman.com
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