Evidence of Alleged Theft Does Not Support Termination

|Canadian Labour Reporter|Last Updated: 02/04/2011

Arrested and charged with theft of company property, a railway worker was terminated for insubordination after he declined to answer questions during the company’s formal investigation.

The union grieved. The worker’s refusal to answer certain questions was not insubordination, the union said. The worker had been charged criminally and had been advised by union counsel not to answer questions in the circumstances. Dismissal was excessive and unwarranted, the union said.

F.T. had 30 years’ service with the railway company — including some time in management positions — when he was arrested and charged with theft and two counts of possession of stolen goods on November 13, 2009.