No progressive discipline undermines termination

The grievor had significant discipline over attendance. However, it was mostly counselling and showed no progression in severity. The arbitrator found that the penalties could not have brought home to the grievor that his job was in jeopardy.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 10/29/2012

A worker for a telecommunications provider was fired for assorted attendance problems, including lateness, leaving early and repeated failures to adhere to his posted schedule.

R.A. was hired in 2005 to work part-time for a telecommunications provider. His first job was as a “client business analyst.” R.A. became full-time in 2006 and moved into the position of Personal Cellular Service Representative III — the position he held when he was fired on October 26, 2010.

The nature of R.A.’s disciplinary record was the central issue in his termination.