Finally, avoid reflexive reactions to minor faults if you learn that there is a clear violation of a last chance agreement. Canadian employers still need to carefully verify whether the worker`s behaviour is contrary to the agreement and whether the sanction is appropriate in the particular circumstances. In the absence of exceptional circumstances, Canadian policy makers will generally refuse to intervene where the history of the labour relationship warrants a long-drawn last-chance agreement. But not always. Unifor, Local 174 v. Cascades Fine Papers Group Inc., Rolland Division is an example of a situation in which the Quebec Court of Appeal, despite an oral agreement between the worker and the employer, ordered the reinstatement of the licensee dismissed for violating the terms of the last chance agreement. There will generally be a final part of one of these agreements, which states that the worker must focus on all aspects of the company`s policy and asserts that the employer retains the right to dismiss the employee in the event of a breach of a directive, including those that are not specifically relevant to the previous offence. Depending on the nature of the infringement that has already occurred, there may be elements complementary to this final part of the agreement, such as. B specific acts that the worker must generally respect (or avoid) during a given trial period. What distinguishes agreements from the last chance from other forms of disciplinary action is the concrete assertion that compliance with the terms of the agreement is necessary to maintain employment. After the employee`s impression of the violation, certain guidelines may be cited and the specific steps the staff member must take to prevent future violations may be clearly stated (the procedure is very different from one company to another).
In general, any future need for disciplinary action will result in termination within a specified time frame, so that there are generally no specific disciplinary measures. The court also found that a last-chance agreement does not neutralize an arbitrator`s power to order the reinstatement of a staff member, unless there is an explicit provision to that effect. The agreement in question was verbal and there was no such waiver. Violation of a last-chance agreement is usually grounds for immediate termination, regardless of the unions that normally apply.