It is common for employees to seek help from their manager if they are experiencing conflict or relationship challenges in the workplace. What are your options as a manager to respond in a way that provides benefits to the employee, to the workplace as a whole and to you? Consider this scenario: You are Karen’s manager.
Termination for ‘just cause’ (and without notice) is often described as the capital punishment of employment law. Consequently, employers face a significant burden when trying to prove just cause at law. Arguing just cause for dismissal may be difficult, but not impossible, especially in circumstances involving dishonesty or lack of trust. Nevertheless, employers should always exercise caution when making just cause allegations, because a legally unsubstantiated just cause termination can be costly. If an arbitrator overturns an employer’s termination decision in a unionized environment, this can result in a decision that reinstates that grievor and provides him or her with significant back pay.