What is “Just Cause”?
Before an employer can discipline an employee, they must have a valid reason. This is called just cause. It’s a standard found in most union contracts and used by arbitrators to decide if discipline was fair.
Even without a contract, just cause is a common-sense way to judge whether management acted reasonably.
How Just Cause Is Determined
Here are seven key questions used to evaluate whether discipline was justified:
- Was the employee warned?
- Did the employee know their actions could lead to discipline? Warnings can be verbal or written.
- Some behaviors, like theft, insubordination, or showing up intoxicated, are serious enough that no warning is needed.
- Was the rule reasonable?
- Was the rule or order related to keeping the workplace safe, efficient, and productive?
- Was there an investigation?
- Did management look into the situation before deciding on discipline?
- If immediate action was needed, a suspension pending investigation is usually appropriate.
- Was the investigation fair?
- Was the process unbiased and thorough?
- Was there solid evidence?
- Was there enough proof to support the discipline? It does not need to be beyond a reasonable doubt unless the accusation is very serious.
- Was the rule enforced fairly?
- Were similar situations handled the same way in the past? If rules were loosely enforced before, employees should be warned before stricter enforcement begins.
- Was the punishment appropriate?
- Did the discipline match the seriousness of the offense and the employee’s past record?
- For example, someone with a clean record might receive a lighter penalty than someone with repeated issues.
Why It Matters
Just cause protects employees from unfair treatment and ensures discipline is based on facts, not favoritism or bias.
If you believe discipline was unfair, talk to your steward or contact the USA office for guidance.
