Employee Grievance, Unjust Discharge, Burden of Proof, Circumstantial Evidence, Misconduct, Theft
Employee Grievance alleging unjust discharge.
The grievor, Darvill Hamshaw, has been employed by Air Canada since August 18, 1973. Until the events which are the subject-matter of these proceedings his record was without blemish. At relevant times he was working as a station attendant in the baggage delivery area, off-loading the baggage carts on which passenger luggage is carried from incoming aircraft. On September 22, 1977, the grievor received written notice from B. K. Jensen, aircraft services manager at the Halifax Airport, that he was suspended pending dismissal because of pilferage from a piece of passenger luggage which had occurred while he was on duty and which, because a cap believed to belong to him had been found in the pilfered luggage, was believed to have been committed by him. The grievor appealed in accordance with art. 17 of the collective agreement and the matter went through the various stages of the grievance procedure set out there, resulting in a final decision at the third level that Mr. Hamshaw be discharged effective February 25, 1978.
Re Air Canada and International Association of Machinists and Aerospace Workers (1978), 17 LAC (2d) 337, 1978 CanLII 3538 (NSLA) (Arbitrator: Innis Christie).