Canada Post Corp v Letter Carrier's Union of Canada

Document Type

Arbitration Decision

Publication Date

1-4-1984

Keywords

Dismissal, Disability, Bona Fide Illnesses, Breach, Innocent Absenteeism, Termination, Time Period, Admissibility

Abstract

The Grievor was dismissed on the basis on the large number of sick days he had accumulated within a given time period. It was acknowledged that the Grievor was an alcoholic. Upon being given the position of letter carrier which he had held prior to his dismissal, he had undertaken to master his alcohol problem or resign. Subsequent to this, he had taken a leave of absence to undergo a rehabilitation program. Upon his return to work, he followed a one year mandatory aftercare program and following an investigation, entered into a "Conditions for Continued Employment with Canada Post" contract which was binding on the Union and the Grievor. Under this contract, the Grievor's job was secure in relation to his drinking problem if he did not breach any of the conditions which included a close monitoring of attendance and a medical certificate for any sick leave. The Union argued that the Grievor's absences were the result of bona fide illnesses and therefore not a breach of conditions. The Employer countered that even if the absences were not a breach of conditions, the Grievor was justifiably terminated for innocent absenteeism. Also at issue was whether the Employer had made its final decision with respect to the Grievor's termination within the specified time period following suspension and whether certain personnel documents were permissible evidence.

Comments

Summary available only on CanLii.

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