Termination for theft not discriminatory

The grievor claimed that he had stolen from his employer to feed his drug addiction. However, the arbitrator could find no connection between his addictions and his actions. The union had not provided a prima facie case for discrimination.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 10/03/2011

A worker was fired after he was caught stealing copper wire from his employer and selling it to a recycler. The union grieved, arguing that the termination was discriminatory.

The union said the worker should be accommodated for his disabilities, which were identified as dependencies on cocaine, gambling and marijuana. The worker also allegedly suffered from alcohol abuse and depression at the time of the thefts.

Employed by a municipal transit authority since 1997, M.S. began as an electrical assistant and, over time, became a journeyman electrician.