Canada Post Corp v Canadian Union of Postal Workers
Canada Labour Code, Suspension, Poor Work Performance, Productivity, Collective Agreement, Insubordination, Verbal Warning, Suspension
This was a decision under the Canada Labour Code. The Grievor was given a two day suspension for poor work performance. The Employer claimed that the Grievor was away from his work station for considerable periods, returning only when the supervisor approached. The Grievor said he was only away once. The supervisor also noted the Grievor had very low productivity. The Union challenged the reliance on this factor as a violation of the Collective Agreement prohibition against individual measurement. The Grievor's prior disciplinary record was a warning letter re punctuality and a suspension for insubordination - refusal to return to work station. The Employer sought to introduce evidence of a verbal warning. The Union objected on the basis that, according to the Collective Agreement, verbal warnings were not part of the Employee's file, and only his file could be used against him. It was somewhat unclear whether the prior verbal warning had been taken into account by the Employer in assessing the penalty in the instant case.
Canada Post Corp v Canadian Union of Postal Workers (1982), 1982 CanLII 4392 (Can LA) (Arbitrator: Innis Christie).