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• What types of conduct may warrant immediate dismissal without application of progressive discipline? How does the analysis differ as between unionized and non-unionized environments?
• What mitigating or aggravating factors in recent cases have impacted the determination as to whether immediate dismissal was warranted? How will an organization’s workplace culture affect the analysis?
• Will an employee’s immediate dismissal be found to be inappropriate if the employer imposed a different penalty on other employees engaging in similar misconduct?
• What is “condonation,” and how will it impact the determination of whether immediate dismissal is warranted?

• • How will the determination be affected, where:
    • a “penalty provision” stipulates a severe consequence for a specific type of workplace misconduct?
    • the employer has a “zero tolerance” policy in place?
    • there is a “last chance agreement” in place?
  • When may an employer rely on earlier misconduct by an employee in support of more serious disciplinary consequences for subsequent misdeeds?
  • What consequences flow from a court’s or arbitrator’s finding that an employer improperly failed to apply a progressive approach to discipline?