Just cause standards for dismissal vary by jurisdiction and by the governing instrument — collective bargaining agreements, civil service rules, and increasingly, local ordinances. Understanding which standard applies is the first step in evaluating any dismissal dispute.
Local ordinances can add layers of protection and procedure that sit alongside contractual or civil service standards. Neutrals must be attentive to these overlapping frameworks and the procedural rights they create.
A careful reading of the applicable ordinance, agreement, and any governing statute is essential. The standard of review, the burden of proof, and the available remedies all flow from the controlling source of authority.
Mark J. Berkowitz, J.D., is an arbitrator and mediator based in Fort Lauderdale, Florida, serving parties in labor, employment, and workplace disputes in person and virtually.