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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Meeting the Requirements of Substantive and Procedural Criteria in Discharge Cases

Dollar, Alta L. (Alta Lewis) 08 1900 (has links)
Legislation, arbitral and judicial decisions, and public opinion provide evidence of increasing concern for protecting employees from unfair dismissal in both union and nonunion firms. Management's right to discharge is being questioned today more than at any other time in the history of labor-management relations. Thus, organizations must stay abreast of the developments that affect their right to discharge employees. This study investigates arbitration awards and judicial decisions in discharge cases to provide answers to these questions. Are companies aware of the types of misconduct for which discharge is considered appropriate? Are companies aware of what constitutes the burden of proof requirements in discharge cases? Does management know and follow the proper procedures in handling discharge cases? The purposes of the study are 1. To determine the extent to which discharges were overturned or modified because the company did not meet the burden of proving a reasonable cause for discharge; 2. To determine the extent to which discharges were overturned or modified because the company did not follow proper dismissal procedures; 3. To develop a model set of guidelines to assist companies in the proper handling of discharge cases. These guidelines present criteria for meeting the just cause and procedural requirements in discharge cases.

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