Sleeping worker saved by mitigating factorsThe grievor’s misconduct was serious, but his long service weighed in his favour. Further, inconsistency in the employer’s response to the events and exaggeration in its case against the grievor prompted the arbitrator to reinstate him.By Mark Rogers06/27/2011|Canadian Labour Reporter|Last Updated: 06/24/2011 Fired after he was caught sleeping on the job, a control room operator grieved his termination.Hired in 1989, C.H. worked as a Control Room Operator at a plant that produces chemical refrigerants used in air conditioning systems.The manufacturing process is potentially extremely hazardous. A significant release into the atmosphere of either of the key component chemicals — Hydrogen Fluoride (HF) and Perchloroethylene DG (PCE) — could necessitate evacuations, the closure of adjacent highways and, possibly, the St. Lawrence Seaway. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.