Reliance on old discipline voids termination

The grievor was fired, with an incident where he allegedly threatened a superior listed as the culminating event. The arbitrator found that the discipline relied upon was excluded by the sunset clause and reinstated the grievor.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/19/2013

A worker was fired following an alleged incident with his supervisor. The termination letter referenced earlier discipline problems and characterized the altercation as a culminating incident.

K.H. began working as a labourer for a pre-cast concrete manufacturing company in 2002.

K.H. was a reliable worker. However, according to management, K.H. had difficulties dealing with supervisors and some others at the workplace. The collective agreement contained a sunset clause. There was no discipline on K.H.’s record when he was fired on March 4, 2012.