Where does the burden of proof lie in grievance adjudication cases?
In grievance proceedings involving discipline, such as termination, the onus is on the employer to prove that the action taken was warranted. In such cases, the employer presents evidence first. In cases of alleged disguised discipline, the burden of proof rests with the grievor. In grievances against a rejection on probation, the employer must show employment-related reasons for the rejection and the grievor must prove bad faith on the part of the employer. In rejection-on-probation grievances, the employer presents evidence first. In grievances involving the interpretation or application of the collective agreement or arbitral award, the grievor proceeds first.
