Termination for Safety Violation Excessive Punishment

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

Fired after narrowly escaping serious injury or death when the machine he was working on arced, a plant maintenance mechanic grieved his termination.

Beginning his employment in 1989 in the United Kingdom with a large chemical and materials manufacturer, S.D. moved to Ontario in 2001 to work in the company’s Kingston plant. He continued to work there following the plant’s purchase by another company in 2004. With 20 years’ combined experience, S.D. was considered to be a good employee and had a discipline-free record with no safety infractions when he was terminated in 2009.

Ten hours into a 12-hour shift, S.D. was called to assist with a nylon yarn-spinning machine that had become jammed.