Discharge for cause not supported by evidence

After an altercation between a worker and his supervisor, the worker was charged criminally and fired. The charges were dismissed for lack of evidence. Each party came to the arbitration with a different story, but management’s was not strong enough to sustain termination.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/18/2011

A rail worker was fired following an altercation with his supervisor. The union grieved.

A railway worker with more than 20 years’ service, A.K. was involved in an altercation with his supervisor. The incident occurred late in the evening at a rail yard. There were no witnesses.

The supervisor said that he approached A.K. in the rail yard on the evening of March 11, 2010. The supervisor was not pleased with what he perceived to be a sarcastic response he had received from A.K. over the radio.