Most unionists know that double jeopardy (DJ) can be a powerful defense in the criminal courts – barring a defendant from being prosecuted twice for the same offense. Just ask OJ Simpson!

Not so many know that DJ is also recognized in industrial discipline cases, although the method of application is somewhat different.


Under the workplace double jeopardy concept, once an employee has been given a disciplinary penalty that he or she reasonably believes is final, an increase in that penalty constitutes double jeopardy – even if the original punishment was indefensibly lenient.

Here are some examples where a claim of double jeopardy can save the day:
Double Jeopardy