February 21, 2013
Dishonest conduct by employees is serious, and in some cases will lead to a breakdown of trust in the employment relationship. What factors support discharge for dishonesty? When is a lesser penalty appropriate? What if the act occurs outside of work time? What if the employee dishonesty stems in whole or in part from a disability? What effect will an employee’s lack of candour during the investigative or arbitration process have on an arbitrator’s response to dishonesty? Join a panel of Lancaster’s experts as they discuss these and other pressing questions, such as:
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- What constitutes dishonest conduct? What are some examples of dishonest conduct related to employment? What type of conduct will “irreparably damage” the relationship of trust between the employer and employee such that automatic discharge is warranted?
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- Discharge for dishonesty: When will dishonest conduct justify dismissal? What evidence is required to establish that an employee has engaged in dishonest behaviour? How will an employee’s lack of candour, lack of remorse or unwillingness to accept responsibility affect an arbitrator’s response to discharge? Is a lack of candour by an employee in testifying at the arbitration hearing a factor which should be considered in imposing discipline? What factors will mitigate the misconduct and support a lesser penalty – Seniority? A dire financial situation? The lack of a prior disciplinary record? Remorse?
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- Attendance and dishonesty: How will arbitrators view dishonest recording of attendance or dishonest use of sick time? What sort of conduct will constitute time-theft? In what circumstances will sick leave abuse or time-theft warrant discharge?
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- Off-duty acts of dishonesty: What connection between off-duty dishonest behaviour and employment is necessary to warrant discipline? What sort of off-duty dishonest conduct will harm the employer’s reputation or other interest? Will off-duty dishonest conduct that is criminal in nature always justify discharge? Is conviction of a criminal offence automatic grounds for discharge?
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- Dishonesty and disability: Where dishonesty is causally related to an employee’s disability, e.g. lying to conceal a drug addiction, how should the employer accommodate the employee? Should the employer use a “hybrid approach” to discipline, distinguishing between culpable and non-culpable factors? When will termination of such an employee be warranted?
