Is an Indefinite Suspension for Just Cause - Essay Example

Is an Indefinite Suspension for Just Cause? Is an Indefinite Suspension for Just Cause Which party has the burden of proof in this case? Why? In this case, the employer has the burden of proof because they are the ones who laid the charges. According to US Legal (2010), “the necessity of proof always lies with the person who lays charges” (par. 1). In this regard, the employer has the obligation to “introduce evidence of preponderating weight on an issue which s/he asserts, to overcome the proof offered on that issue by the opposite party” (US Legal, 2010, par. 1). 2.

What is the rule about off-duty conduct in regard to employee discipline? According to Koenig (2007), “the general rule is that an employer cannot discipline an employee for off-duty conduct” (1). The discourse specifically indicated that the employer have options to impose work rules that could penalize off-duty conduct, specifically in cases where the act of the employee would have significant effects and repercussions on the company, to wit: “reflects adversely on the employer, impairs relations with the public and customers, or creates friction within the work place” (Koenig, 2007, 1). 3. What type of evidence are the emails received from employees about Gates’ on duty behavior?

Should the evidence be considered by the arbitrator? Why or why not? Fell (2008) indicated that emails are “a form of documentary evidence and can be admitted as evidence in court in the same way as can other forms of documentary evidence.  However, as with other forms of evidence, the reliability of e-mail evidence will be subject to scrutiny” (par. 2). In the case of Gates where employees were stated to have reported that “Gates was selling drugs to other persons in the plant, but are not willing to testify in the arbitration hearing” (Holley, Jennings and Wolters, 2008, 555).

In this regard, the arbitrator should consider the evidence with due scrutiny and establish the viability, admissibility and reliability of the source and the information contained therein. 4. Should the Company’s offer to pay back pay and to restore seniority and benefits if Gates is found not guilty be considered by the arbitrator? Why or why not? If found not guilty, the Company’s offer to pay back pay and to restore seniority and benefits should be considered by the arbitrator because rules indicate that where a disciplinary penalty has been reversed, the employee is entitled to receive back pay, benefits, seniority or restitution of a fine (Appeals, n.d., 5). 5. You be the arbitrator.

Should the Grievance be sustained or denied? References Appeals, Discipline and Separation. (n.d.). Retrieved 17 June 2011. < http://www.state.nj.us/csc/nj_title4a/pdf/chapter2_sub2.pdf> Holley, W.H., Jennings, K.M. and Wolters, R.S. (2008). Labor Relations Process. Cengage Learning. Koenig, C.L. (2007). Discipline for Off Duty Conduct (Can the Employer Impose It?). Retrieved 17 July 2011. < http://www.wmprlaw.com/items/Discipline_For_Off_Duty_Conduct.pdf> US Legal. (2010). Burden of Proof. Retrieved 17 June 2011.

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