Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
2
Issue
1
Date
1/1/1993

Article Facts

Title
Unjust Dismissal for Nonunion Workers: Adjudication Decisions in the Canadian Federal Jurisdiction
DOI
10.2190/65FH-YN8R-LMN2-P8CJ
Author
Genevieve Eden
Pages
39-55
Online Date
05/09/2002

Article Links

Unjust Dismissal for Nonunion Workers: Adjudication Decisions in the Canadian Federal Jurisdiction

Genevieve Eden

DOI: 10.2190/65FH-YN8R-LMN2-P8CJ

Abstract

This study involves an analysis of the determinants of adjudicator decisions dealing with complaints of unjust dismissal from nonunionized workers in the Canadian federal jurisdiction. All decisions rendered between the enactment of the legislation in 1978 and up to March 1989 were analyzed and the relevant decisions (395 cases) were coded according to the factors believed to determine arbitral decision making. The results, based on logit analysis, suggest that some of the major just cause principles developed by arbitrators in the unionized sector appear to have been adopted by adjudicators in the nonunion sector; however, it cannot be stated conclusively that the arbitral approach to just cause in the unionized sector has been adopted. Implications for public policy as well as for the participants in the adjudication process are discussed.

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