Ontario postal worker terminated for not meeting standard gets job back

Canada Post employee didn't fulfil criteria of 'reasonable availability'
By Jeffrey Smith
|Canadian Labour Reporter|Last Updated: 08/08/2017

Canada Post unjustly dismissed a postal clerk for unreasonable availability that wasn’t specifically defined in the collective agreement, an arbitrator has ruled.

C. Seivright was a temporary postal clerk for Canada Post, hired in November 2011. His offer of employment stated that his “services may or may not be required on a daily basis” and he would be contacted when he was needed to fill in for full-time employees who were absent and unable to work. It also indicated that his position was “of a temporary and irregular nature” and he had to be reasonably available when work assignments were offered to him. The offer included a warning that if he repeatedly refused work assignments or there were multiple unsuccessful attempts at contacting him, they would be documented under a clause in the collective agreement.

The collective agreement between Canada Post and its union, the Canadian Union of Postal Workers (CUPW) stated that a temporary employee would be terminated when the employee hasn’t demonstrated “reasonable availability in the acceptance of work assignments during any six consecutive months.” It also stated that this clause didn’t apply during any period in which the employee was on accepted leave with prior written notice.