Evidence can’t support termination for cause

The grievor was terminated for failing to lock out the equipment on which he was working. At the hearing, it became apparent that neither was there any evidence he had begun working on the machine, nor had the policy under which he was terminated been properly put in place. He was reinstated.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 03/16/2012

An industrial mechanic was fired after the employer said that he failed to properly lock out a machine before beginning work on it.

R.W. was a certified, Red Seal industrial mechanic and millwright. R.W. worked at a commercial bakery. He had five years’ seniority when he was fired on March 3, 2011.

R.W. worked the night shift on March 2, 2011. At about 5:30 a.m., he punched in a work order to perform some scheduled preventative maintenance on the “wire-cut” machine attached to oven No. 4. The production schedule showed that oven No. 4 was not operating for that shift.