Reinstatement Inappropriate for Unreliable Armed Guard

|Canadian Labour Reporter|Last Updated: 02/06/2011

Despite a determination that dismissal was an excessive response to a security guard’s failure to follow procedure, an Arbitrator ruled that reinstatement was not appropriate in view of the guard’s post-termination e-mails to his employer and his history of performance errors.

Hired in March 2007, A.S. began working part-time as a security guard for an armoured car company. Completing the company’s “Basic Blue” training program, which included firearms training, A.S. achieved full-time status by the time he was fired in 2009. Depending on the shift, A.S. worked as either “guard/driver” or “messenger” on the company’s armoured trucks.

Performance issues surfaced in his first year on the job and were documented in his file. Complaints about A.S.’s driving led to a driving prohibition in June 2008. Four months later more complaints led to another driving prohibition, an assessment/investigation and, ultimately, a five-day suspension.