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  • An analysis of adjudicator decisions dealing with complaints of unjust dismissal under the Canada Labour Code is provided. Sections 240 et seq. of the code provides statutory protection against unjust dismissal for nonunionized employees in the federal jurisdiction. The main objective of the study is to determine whether the concept of progressive discipline has been adopted by adjudicators acting under the code. In addition, how adjudicators have viewed progressive discipline, that is, its definition, application, and purpose, is discussed. Data were collected from decisions rendered under the code from its beginning in September 1978 to March 1989. Logit analysis was employed to identify the significant predictors of the dichotomous dependent variable, the probability of the complaint being sustained or denied. The results reveal that adjudicators have adopted the approach to discipline by arbitrators in the unionized sector. The adoption of this principle is questioned, given the potential negative effects of discipline as illustrated in the organizational behavior literature.

  • Reinstatement to the workplace is an important feature of statutory protection against unjust dismissal for nonunion employees. An empirical study examined the post-reinstatement experience of workers under the Canada Labour Code. Overall, the results contrast with the reinstatement experience in union settings, which generally show favorable results. It was concluded that the presence of a union may be a key variable in the effectiveness of the reinstatement remedy. In the absence of a union, workers ordered reinstated would have to be provided with greater support. This may be achieved through a follow-up mechanism directed by the governmental agency that administers the statute.

  • A recent study contrasts competing paradigms of a key issue in the employee-employer relationship: the application of the concept of progressive discipline. In a review of both the arbitral jurisprudence in the unionized sector, and the organizational behavior literature, two very different perspectives regarding the application of discipline in the workplace are illustrated. One view is embodied in arbitral law and focuses on the corrective effects of discipline, while the other is embodied in behavior modification theory and emphasizes its negative effects. The notion of discipline is discussed in a broader perspective by highlighting some current trends in human resource management, as well as alternative approaches to dealing with employee misconduct.

Last update from database: 10/2/24, 4:10 AM (UTC)

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