Termination excessive for poor performance

The grievors accepted responsibility for their careless attitudes and the resulting loss of product. However, the arbitrator ruled, to err is human and termination is too serious a penalty for a single event of this nature.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 08/13/2012

Two maintenance mechanics were fired after their failure to follow instructions and proper procedures caused a costly and potentially dangerous spill.

M.B. and B.F. were maintenance mechanics at an industrial bakery. M.B. had 23 years’ service with the company while B.F. had less than four years. Neither had been disciplined.

On July 17, 2010, M.B. was given a work order to open the white flour receiving bin/silo in preparation for cleaning. He was also asked to check out some reported problems with the brown flour receiving bin. B.F. was to assist.