Evidence can’t support firing for impairment

Two supervisors presented subjective and inconsistent testimony that the grievor had been intoxicated at work. The arbitrator held that, while they were justified in sending him home, his termination could not be supported.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/03/2012

A transit worker was relieved of duty and sent home after a supervisor smelled alcohol on his breath. He was fired the next day for being impaired at work. The union grieved.

M.M. worked for a municipal transit authority as a ticket agent/order driver. He had five years’ service when he was fired. There was no discipline on his record.

On the morning of May 4, 2010 — just before he was to head out in a company car to deliver supplies to ticket booths — a supervisor approached M.M. on the loading dock.