Toronto (City of) v The Canadian Union of Public Employees (CUPE), Local 79
Demotion, Discharge, Reasonable Cause, Work Record, Inadmissibility, Misconduct
The grievance alleges demotion and discharge without reasonable cause. The Employer based its actions on a report which investigated the Grievor's work record, first demoting him and followed shortly thereafter by dismissal. This matter was dealt with previously by the Arbitration Board which decided the report was inadmissible as evidence, therefore the Employer did not prove its case and the grievance succeeded. Subsequently, the issue on the report's inadmissibility was the subject of two court cases, the result being the Board was directed to accept the report as evidence and reconvene the hearing. The issue was whether the report supports the Employer's claim of misconduct and justifies the dismissal of the Grievor. There was no other evidence submitted by the Employer so the Board was required to weigh the probative value of the report against the Grievor's testimony. The report was examined thoroughly, point by point, and its conclusions were judged by its supporting evidence and documentation.
Toronto (City of) v The Canadian Union of Public Employees (CUPE), Local 79 (1984), 1984 CanLII 4487 (Ont LA) (Arbitrator: Innis Christie, Bradshaw Paulin, Murray Tate).