For example, CACs are effective in dealing with faults such as chronic absenteeism or in imposing discipline on employees with disabilities such as drug and alcohol dependence. In addition, LcAs can be effective in dealing with situations where an otherwise engaged and valued employee has a more serious form of misconduct. The ecological balance sheet allows the employer to give the employee one last chance to correct his behavior and not to engage again in the behavior, while the training and resources invested in the employee are recognized and preserved. • A last chance agreement should always be written and never oral. • If you are designing a last chance agreement, pay close attention to the conditions for reinstatement and sanctions. • Consider each case individually and avoid the „one size fits all“ approach. • Mention the employee`s previous misconduct and disciplinary history in the last chance agreement to support the adequacy of conditions and sanctions. • Always add a clause that limits the arbitrator`s powers. Despite the psychologist`s recommendation, the employer instead asked the employee to undergo 21-day inpatient detoxification treatment. Just two days into the program, the employee discontinued and began a one-year outpatient treatment program.
The employer dismissed the worker and argued that he had breached the provisions of the last-chance agreement. The employee then filed a complaint. The RTA recognized that, given the employee`s long history, the City had the right to impose certain conditions and give him one last chance to provide a consistent work record. A recent example is the Cariboo Pulp and Paper Company, where the Grievor was fired for good reason after being two hours late for work. Unfortunately, he obtained his agreement as a result of previous disciplinary incidents. This last chance agreement provided for the termination of his employment relationship for any offence committed during a period of two years. His late arrival was only about a month in two years. While the union was trying to argue that the delay was not a disciplinary offense, the arbitrator rejected this argument and upheld the dismissal.