Re Highliner Foods Inc and CAW, Local 1944

Document Type

Arbitration Decision

Publication Date

7-29-1999

Keywords

Discharge, Just Cause, Testimony, Slapped, Resigned, Maternity Leave

Abstract

This grievance involves the discharge of an Employee. The Union alleges that the discharge breached Article 6.07 of the Collective Agreement: "Any discipline or discharge shall be for just cause." Undisputed testimony describes the Grievor taking offence at a meeting and storming out. In passing through the plant, the Grievor slapped a member of management, her estranged husband. This arbitration seeks to determine if the Grievor effectively resigned by her actions, and if not, if she was dismissed with just cause. The Arbitrator notes that the Grievor had just returned to work from maternity leave after giving birth to her first child in emotionally difficult circumstances, and has been a good worker with a clear record.

Comments

Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Summary available only on CanLii. Full text available online at WestlawEdge Canada and Lexis+ (subscription required).

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