Deemed termination discriminates against disabled worker

Machine operator at auto parts manufacturer TRW Canada fired
|Canadian Labour Reporter|Last Updated: 05/22/2013

A machine operator at an auto parts manufacturer was fired under the deemed termination provisions in the collective agreement after the employer judged him to be AWOL.

D.L. was employed as a machine operator at TRW Canada Limited. He also served as an area representative for the union. D.L. was hired in 1994. Previous discipline did not factor into his termination on May 25, 2012.

At the end of February 2012, D.L. and other members of the union’s executive booked union leave to prepare for upcoming contract negotiations.