No immunity following botched termination

The arbitrator agreed with the union that firing the grievor by registered mail denied him union representation and was null and void. However, in “refiring” him a few days later, the grievor’s case was not prejudiced. The termination held.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/29/2011

A worker grieved after he was terminated by registered mail. The union said the termination was null and void because the employer breached the worker’s collective agreement right to have a union steward present when discipline was issued.

E.B. was employed as an operator at a grain elevator. He was required to monitor conditions inside the storage bins and act to prevent loss and spoilage. E.B. was also responsible for loading grain onto ships, trucks and rail cars.

In December 2010, the employer learned that the contents of a bin had spoiled. The dollar value of the loss was in excess of $50,000.