Re Canada Post Corp and Canadian Union of Postal Workers

Document Type

Arbitration Decision

Publication Date

3-3-1983

Keywords

Probationary Employee, Postal Coder, Termination, Burden of Proof, Qualifications, Collective Agreement

Abstract

The Grievor was a probationary employee being trained as a postal coder. The requirements for this job were to attain a minimum of 1000 six-digit postal codes per hour with 99% accuracy at the conclusion of 80 hours training. The Grievor failed to meet the standard and was given notice of termination. She feels that because she was left handed, but trained right handed, there should be flexibility regarding the application of the standard to her as she barely fell below to 980 letters per hour with an accuracy of 98.57%. She also claims she was treated callously by her supervisor and the machine she used for practice and testing was defective. In response the Employer indicated the Grievor had been given the chance to train left handed and had not accepted the offer, and that most left handed people who trained right handed passed the test. Time lost because of a defective machine was allowed to be added to the overall training period. There was a question of the burden of proof regarding sufficient and adequate training as it related to the Grievor's being left handed.

Comments

Summary available only on CanLii. Full text available in print via Labour Arbitration Cases at the Sir James Dunn Law Library and online at Lexis+ (subscription required).

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