Chapter 7 Mini Case #350 Example

Chapter 7 Mini Case #350 Example Chapter 7 Mini Case #350 – Case Study Example Decision on Arbitral Matter The case scenario involves an arbitral matter falling in the domain of labour arbitration. It is in doubt whether an employee who has declined to work for an extra 6 hours has acted within the confines of the contract governing the employment relationship and whether the 6 hours constitutes a change in the work schedule requiring that the employer and the union to mutually consent. In addition, the employee has already been suspended for a single day signifying another punishment. The grievance is the suspension while the company would like to legally hold staff to work for 6 hours whenever necessary. To decide the case, I consider relevant factors to arrive at a fair decision. One such factor is whether the additional 6 hours constituted a change in the work schedule. This can easily be proved or disproved using past practice or custom as well the construction of the employment contract. If it is confirmed, the employee would have breached the agreement a nd be liable. By receiving a one day suspension, it is clear that the employer had already punished by the employer without first establishing if the employee had violated terms of the agreement between the union and the company. On this ground, I would rule in favor of the employee because the employer made a unilateral decision without following the correct procedure. From the onset, 6 additional hours of work is substantial enough to constitute work schedule change and the employee was right to decline the requirement. The mentioned reasons dictate that the employer’s violated the right of the employee and therefore on the wrong.ReferencesReed, L. (2012). Arbitral Decision-making: Art, Science or Sport? The kaplan Lecture 2012. new York: Kaplan University.