Document Type
Arbitration Decision
Publication Date
2-13-2000
Keywords
Unjust, Discharge, Reinstatement, Report, Discipline, Warning, Record
Abstract
The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability to use the prior incidents that it cites. The Employer argues that a verbal warning was given in 1998, which kept alive the previous incidents mentioned.
Recommended Citation
Re Farmers Co-operative Dairy Ltd and CEP, Local 40N (2000), 2000 CanLII 47305, 60 CLAS 86 (NSLA) (Arbitrator: Innis Christie).
