Termination void for lack of union representation

The grievor was caught trying to smuggle product out of the plant. She was suspended over the phone and later fired. At no time did she have union representation. The termination was overturned, but the arbitrator decided not to require the company to return her to the workplace.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 09/06/2011

Fired after she was caught attempting to smuggle product from the chocolate factory where she worked, the grievor’s termination was voided when the Arbitrator ruled that the company imposed discipline on her in the absence of union representation.

This violation of a substantive contract right meant the discipline could not stand. Reinstatement, however, was not appropriate.

B.L. was 67 years old and had 34 years service at the chocolate factory where she worked when she was fired on Nov. 3, 2010.