Employee reinstated following alcohol-related dismissal

Employer did not reach point of undue hardship: Arbitrator
|Canadian Labour Reporter|Last Updated: 10/13/2015

The Canadian Union of Public Employees Local 1252 filed two grievances against FacilicorpNB after an employee — referred to only as J.R. — was fired for incidents stemming from his alcohol abuse.

The union grieved a 30-day suspension as well as J.R.’s termination, seeking reinstatement with full redress.

The suspension stemmed from an incident on Nov. 27, 2013, when J.R. was sent home from work after his manager detected the smell of alcohol after coming in contact with him. On April 17, 2014, J.R. arrived late to work red- faced and smelling of alcohol. He disappeared periodically and appeared to become more intoxicated as the day wore on. After lunch, J.R. was again sent home and suspended without pay pending an investigation. Ultimately the employer made the decision to terminate him.