Termination warranted for culpable misconduct

Unable to book vacation around his approaching wedding, the grievor simply had it entered in the work schedule during his supervisor’s absence. His dishonesty violated the grievor’s Last-Chance Agreement.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 01/24/2012

Denied his request for time off, a worker was fired for misconduct after it became apparent he had exploited his supervisor’s absence to imply he had permission to take time off.

A.V. was an Assistant Grocery Manager at a retail grocery store. A.V. was a long-service worker. He was also subject to the terms of a Last Chance Agreement (LCA) that provided for his termination in the event he was insubordinate.

The Store Manager returned to work on Sept. 2, 2008 following the Labour Day long weekend and after taking holidays the last week of August. When the manager noticed that A.V. was to be off work that week, he inquired after A.V.’s whereabouts. The Assistant Store Manager said that A.V. was on vacation.