In this webinar, seasoned labour counsel will examine recent caselaw regarding when an employee’s misconduct may warrant immediate dismissal and when the application of progressive discipline may first be required. Panelists will address questions including:

• 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?