What happens when trust is broken in the workplace? What kind of conduct is considered to rise to the level of breach of trust, and when will it be cause for dismissal? In this session, experts will examine breach of trust in the workplace, addressing:
• What constitutes a “breach of trust”? What types of conduct will rise to this threshold?
• Do employees have a duty to avoid conflicts of interest? Does this duty differ in the public and private sectors? What types of situations have arbitrators found pose conflicts of interest?
• What evidence is required to prove that an employee has engaged in conduct that rose to the level of a breach of trust? What is the requisite standard of proof?
• What are the consequences of a breach of trust? When is progressive discipline required, and when will a breach of trust be so severe that proceeding directly to termination of employment is warranted? Do different positions and/or workplaces attract differing standards of trust?
• What factors do arbitrators, courts, and adjudicators typically consider when assessing the appropriate disciplinary penalty for a breach of trust? When may damages in lieu of reinstatement be considered? What factors may be taken into consideration when deciding whether an employment relationship is reparable?
• Will an employee’s remorse or willingness to account for their wrongdoing lead to a different disciplinary outcome? What mitigating factors should unions and employee-side representatives point to in order to support a lesser penalty?