Case: Goodtime Food Products Ltd

Q: what are the factors an arbitrator would consider when reviewing the discipline imposed by an employer.

First of all, in this case, employer has a problem with hire other people without notice to current employee. And in this situation, Thomas already breaks the collective agreement. From the management side, we can summary as follow right should be considering in this case: collective agreement terms, law, estoppel, and requirement regarding employer rules. Also, there are four possible disciplines which are written warning, suspension, demotion and dismissal for management side. Due to those factors, Thomas should provide evidence for detail to support his decision.

Secondly, when arbitrator reviewing discipline imposed by the employer they will think about the different factors. In the 1st place, they will review the procedural requirement of the collective agreement are met or not. And then they will think about any misconduct through statements happen in this case. If there any misconduct appears they will give an opportunity to employee to explain. Last, they will review the severity of discipline; in addition condiser the option of last chance agreement. Which may cause employee avoids dismissal and motivation the employee’s good behaviors.

Lastly, when an arbitrators reviewing discipline imposed by the employer, they will review ten different rules. For example, they will think about the length of services of the employee, and the work performance or record. Also, review the misconduct by the employee. Most important rule in this case is they will think about the misconduct was premeditated or committed on the spur of monument. Obviously, in this case Rano has been in good faith and performance in previously working and it could be a momentary impulse of his action. In my opinion Rano do not have any misconduct in work before and there is no reason to dismissal at workplace. In fact, there are other of factors arbitrator will consider when review the...