The Seven Tests of Just Cause

June 20th, 2019

Just cause is a common standard in labor law arbitration that is used in labor union contracts as a form of job security.

The seven tests are as follows:

  • Was the employee forewarned of the consequences of his or her actions?
  • Are the employer’s rules reasonably related to business efficiency and performance the employer might reasonably expect from the employee?
  • Was an effort made before discipline or discharge to determine whether the employee was guilty as charged?
  • Was the investigation conducted fairly and objectively?
  • Did the employer obtain substantial evidence of the employee’s guilt?
  • Were the rules applied fairly and without discrimination?
  • Was the degree of discipline reasonably related to the seriousness of the employee’s offense and the employee’s past record?