Flawed investigative process invalidates discipline

Retail clerk in B.C. received 2 disciplinary letters, 3-day suspension for insubordination shortly after first collective agreement ratified
|Canadian Labour Reporter|Last Updated: 06/18/2013

A clerk at a retail establishment received two disciplinary letters and a three-day suspension for insubordination soon after the establishment ratified its first collective agreement.

The union grieved the discipline and alleged harassment. B.C. was employed as a clerk at the Comox District Consumers Co-operative. The union and the employer ratified their first collective agreement on Oct. 3, 2012.

There were some growing pains associated with the new collective bargaining relationship that resulted in a number of disputes. B.C. was issued a disciplinary letter on Oct. 24, 2012, for an alleged “major rule violation” after she was observed to open the front door of the establishment and yell across the parking lot to summon another clerk.