Labour Law

Common mistakes employees make during disciplinary hearings.

The processes related to workplace discipline often confound employees. Whether this is the result of lapping up Suits or Law & Order is an open question, but we frequently see employees misconceiving their rights and obligations when faced with allegations of wrongdoing in the workplace. Employees do their cause more harm than good when labouring under misapprehensions on the nature of workplace discipline.

Many jurisdictions require employers to have just cause for terminating employment and to follow a fair preceding procedure. The prescribed local procedure varies from merely allowing the employee an informal opportunity to state a case, on the one extreme, and a quasi-judicial processes involving presiding officers, employer-prosecutors, extensive leading of evidence and cross-examination on the other end of the spectrum. However, critical in most disciplinary inquiries are the fundamental questions of (1) did the employee do something wrong and, if so (2) what sanction should be imposed?