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Just Cause

A practical guide explaining Just Cause, its criteria, and its role in fair workplace discipline.

Written By: author avatar Tumisang Bogwasi
author avatar Tumisang Bogwasi
Tumisang Bogwasi, Founder & CEO of Brimco. 2X Award-Winning Entrepreneur. It all started with a popsicle stand.

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What is Just Cause?

Just Cause is a legal and organizational standard requiring a fair, legitimate, and documented reason before an employer can discipline or terminate an employee.

Definition

Just Cause is a principle in labor and employment law that protects employees from arbitrary or unjust dismissal by requiring employers to demonstrate valid, evidence-based grounds for disciplinary action.

Key Takeaways

  • Just Cause prevents unfair or arbitrary employee termination.
  • Requires documentation, investigation, and consistent application of rules.
  • Common in unionized workplaces, collective agreements, and fair labor policies.

Understanding Just Cause

Just Cause serves as a safeguard in employment relationships, ensuring employers cannot terminate or punish employees without legitimate justification.

To meet the Just Cause standard, employers typically must show:

  • A clear rule or expectation existed.
  • The employee was aware of the rule.
  • The rule was reasonable.
  • The rule was consistently enforced.
  • There was a fair investigation.
  • The evidence supported the decision.
  • Discipline was proportional to the offense.

These criteria are often known as the Seven Tests of Just Cause, widely used in labor arbitration.

Formula (If Applicable)

There is no formula, but the Seven Tests of Just Cause act as a structured framework for decision-making.

Real-World Example

In unionized environments, if an employee is terminated without Just Cause, the union may file a grievance. An arbitrator then determines whether the employer’s decision meets the Just Cause standard.

Importance in Business or Economics

Just Cause is essential for:

  • Protecting employee rights.
  • Preventing wrongful termination lawsuits.
  • Building trust and fairness in workplace culture.
  • Ensuring consistent enforcement of company policies.

It also supports organizational stability by reducing conflict and litigation risk.

Types or Variations

  • Contractual Just Cause: Defined in employment contracts.
  • Statutory Just Cause: Required by law in some countries.
  • Arbitrated Just Cause: Determined through grievance procedures.
  • Wrongful Termination
  • Employment Law
  • Progressive Discipline

Sources and Further Reading

  • Labor Arbitration Manuals
  • Employment Law Textbooks
  • SHRM — Fair Discipline Practices

Quick Reference

  • Requires fair, evidence-based justification.
  • Protects employees from arbitrary discipline.
  • Often evaluated using Seven Tests of Just Cause.

Frequently Asked Questions (FAQs)

Is Just Cause required in all countries?

No. Some countries follow at-will employment, while others require Just Cause.

Who determines if Just Cause was met?

Courts, arbitrators, or internal review committees.

Can employers still fire employees under Just Cause rules?

Yes, if they can prove a legitimate, well-documented reason.

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Tumisang Bogwasi
Tumisang Bogwasi

Tumisang Bogwasi, Founder & CEO of Brimco. 2X Award-Winning Entrepreneur. It all started with a popsicle stand.