Termination void due to no union representation

The company called the grievor into a disciplinary interview, but would not explain the purpose of the interview until the grievor waived his rights to union representation. The arbitrator found that the employee's right was substantive and mandatory. The discipline was voided.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/05/2013

A worker on an offshore oil-drilling platform was fired after he was held responsible for a “loss of containment.”

The union grieved, arguing that the termination was null and void because the employer did not properly inform the worker about his right to union representation prior to a disciplinary meeting.

E.F. was a professional engineer employed as a General Field Engineer on an offshore oil-drilling platform. He had 33 years’ service with his employer when he was fired on Sept. 21, 2011 following an incident that happened on the platform three weeks earlier. Prior discipline did not factor into the termination.