Termination excessive for worker using profanity

The grievor was not able to work due to an illness and was waiting for short-term disability benefits. After being assured he would be covered, the decision was reversed after a long delay. He used profanity to the insurance provider. The arbitrator found that the company's response of termination was disproportionate and he substituted a warning.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 09/10/2012

A worker was fired for using profanity during his telephone conversation with a representative from a third-party benefits provider concerning the status of his claim for short-term disability benefits.

D.B. worked as a Warehouseman for a company that manufactured injection molded thermoplastics. He was hired on Jan. 31, 2011.

In his 11 months of employment, D.B. was absent due to illness for about 10 days. He was also late a handful of times, for which he was issued a warning letter.