Is there just cause for discharge at an arbitration board?
Ontario, Canada
The following excerpt is from Simcoe County District School Board v. Ontario Secondary School Teachers’ Federation, 2009 CanLII 1375 (ON SCDC):
An arbitration board, in determining whether there was just cause for discharge, is required to work through the analysis described in Toronto(City) Board of Education v. Ontario Secondary School Teachers’ Federation, District 15, 1997 CanLII 378 (SCC), [1997] 1 S.C.R. 487 (“Bhadauria”) at para. 49: determine whether the grievor was responsible for the misconduct alleged by the employer, determine whether the misconduct gives rise to just cause for discipline, and finally, to determine whether the discipline imposed was appropriate “in light of the misconduct and the other relevant circumstances”.
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