Worker reinstated after deficient investigation

The grievor had been disciplined earlier for arriving at work intoxicated and, when his supervisor believed he had done so again, he was fired. The arbitrator found that the supervisor's investigation had been inadequate for several reasons and voided the discipline.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/05/2013

A worker previously disciplined for being drunk at work was fired on the spot after he allegedly reported for work intoxicated a second time, six months later.

B.N. worked as a lead hand and forklift operator at a company that refurbished and recycled wooden pallets.

B.N.’s job was clearly safety-sensitive: he was principally responsible for moving large stacks of pallets around the facility, which involved navigating a forklift safely through enclosed spaces while avoiding pedestrian traffic and other machines. B.N. had about 20 years’ service with his employer when he was fired on Jan. 26, 2010. There was discipline on his record.