Evidence won’t support termination for theft

The grievor was terminated for theft, based largely on the testimony of a co-worker. The arbitrator found that the employer's evidence was not clear enough to support the penalty. The witness was weak and the loss of product could not be documented.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 01/08/2013

A Cook’s Helper was fired for theft after food was reported missing from a commercial kitchen. The union grieved, arguing that the termination was without just cause.

M.K. worked as a Cook’s Helper at a geriatric care centre. He was hired in October 2005. Prior discipline did not factor into his termination in October 2010.

On Sept. 27, 2010, the manager of food services at the geriatric care centre where M.K. worked reported that the kitchen was short on salmon for that day.