Thursday, February 2, 2012

More Discipline Arbitration Awards-- denials of wrongdoing, failure to show remorse and excessive internet usage

1) FortisBC Energy Inc. v. International Brotherhood of Electrical Workers, Local 213, [2011] B.C.C.A.A.A. No 130 (No. A-086/11)
The grievor was dismissed for having a prostitute in a company vehicle during work time. This case is interesting for its discussion about credibility. As well, the arbitrator commented on the grievor’s ongoing denial of wrong doing and its effect on the employment relationship. Arbitrator Keiras upheld the dismissal.

2) British Columbia Hydro and Power Authority v. International Brotherhood of Electrical Workers, Local 258, [2011] B.C.C.A.A.A. No. 123 (No. A-080/11]
 Arbitrator Irene Holden upheld the imposition of an 8 day suspension.  The grievor  was given a suspension for refusing to do work, instigating a work stoppage, and writing an inaccurate and insubordinate letter about the employer and one of its managers. Some of the issues addressed are: protection of the shop steward when involved in legitimate activities; failure to show remorse; and failure accept responsibility for his role in events. 
3) In Health Employers’ Assn. of British Columbia v. Health Sciences Assn. of British Columbia [2011] B.C.C.A.A.A. No. 125 (No. A-083/11)  Arbitrator Nick Glass overturned the disimissal of an employee for time theft and excessive internet usage. Some of the issues addressed here: technical problems in determining personal internet use at work; the distinction between time theft and wasting time; the importance of evidence showing the ability of the grievor to change his ways; and the importance of an apology and expressing remorse. In this case, the arbitrator substituted a 15 day suspension for the dismissal.

(notes:  these decisions are not yet available on CanLii but are available on QuickLaw; and also,  many thanks to Diane MacLean for her contribution)

No comments: