Last chance agreement not subject to progressive discipline

The grievor had not provided adequate doctor’s notes for his absences, as required in his Last Chance Agreement. The arbitrator found that the LCA was now subject to the requirement in progressive discipline to warn the employee prior to discipline.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 01/30/2012

A worker who was subject to the terms of a Last Chance Agreement (LCA) because of absenteeism problems was fired after the employer said the doctor’s notes he provided failed to meet the standard required by the agreement.

S. was employed by a company that manufactured components for the aerospace industry.

On Sept. 2, 2009, S. was assessed a suspension for “unacceptable attendance.” Though the suspension was waived, the disciplinary record noted previous unacceptable absences dating from 15 months earlier.