Worker off hook for loss; employer didn’t mitigate

The grievor had lost the employer a considerable amount of money by crediting rather than debiting customers’ bank accounts for purchases. She was suspended and required to make up the shortfall. The suspension held at arbitration, but the company had failed to make enough efforts to recoup the money owed, so the reimbursement was overturned.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 10/17/2011

A ticket collector for a transit authority was conditionally reinstated on a without prejudice basis after she reimbursed the employer for a cash shortfall she incurred by inadvertently crediting — instead of debiting — the accounts of a number of customers for the cost of their monthly transit passes.

However, the union grieved the four-day suspension. The union also said it was inappropriate for the worker to be compelled to repay the shortfall.

H.B. began as a collector for the transit authority on Dec. 23, 2007. There were no indications she had any difficulty processing debit and credit card transactions until Oct. 27, 2008. Over the course of that day, and the following day, she incorrectly processed nine debit card transactions.