Driver’s so-called sick day ends in dismissal

Repeat offender's termination stands, judge rules
|Canadian Labour Reporter|Last Updated: 11/11/2013

The circumstantial evidence in Grayson Crowley’s dismissal was enough to warrant termination, an arbitrator ruled. Crowley, a driver for Innocon, was fired on April 10, 2013. As a driver, Crowley worked out of the Toronto company’s Mavis Road mixing plant, driving a cement truck to customer sites. Drivers typically run a number of deliveries every day and for this reason maintain ongoing communications with dispatch.

On April 9, 2013, Crowley was scheduled to work at 8 a.m. When he arrived at the garage Crowley was told by one of the company’s mechanics his truck was off the road for servicing and Crowley would be required to drive another truck for the day.

The grievor left the plant and drove his own vehicle to a nearby Tim Horton’s. He used his cell phone to call dispatch and tell them he felt sick and would not be in that day. Crowley testified he was ill on the day of the incident, saying, "I do not know what was wrong, I just wasn’t feeling right."