Arena operators fired for time theft
The City of Kingston, Ont., fired Willie Loyst and Steve Dervenis for time theft.
Loyst and Dervenis worked for the city as arena operators before they were terminated on June 26, 2015. Their union, the Canadian Union of Public Employees (CUPE) Local 109, grieved the terminations.
By the time of the hearing, both Loyst and Dervenis had admitted to the facts relied upon by the employer to substantiate their time theft.
While the union agreed discipline was warranted — and did not seek back pay — it argued dismissal was excessive and called for reinstatement.
Loyst had nearly 18 years of seniority, while Dervenis had nearly 16 years of seniority. As arena operators, they were entitled to two paid 15-minute breaks and a 30-minute unpaid lunch each shift. Arena operators are expected to remain on-site during their lunch unless they obtain permission to go off-site. Permission is obtained by phoning or texting a supervisor.
For the most part, arena operators are left unsupervised to carry out their duties.
On May 12, 2015, the employer received a complaint from a customer who had rented a field where, despite multiple requests to do so, the field lights had not been turned on.
An investigation was conducted and it was determined that Dervenis had been on duty the night in question. Dervernis told the employer he had been busy tending to other duties and had not heard the calls requesting the lights be turned on.
Following the investigation, Dervernis was suspended for one day.
Loyst had also been on duty that evening, though he had not been specifically responsible for the field in question. He was issued a written warning for being unavailable to perform his duties.
The employer soon received another complaint, this time from an employee claiming arena operators were leaving their shifts early. Loyst and Dervenis, along with two other employees, were identified as employees leaving early.
The decision was made to place Loyst and Dervenis under surveillance.
In June 2015, Loyst was suspended with pay pending the investigation, though he did not know the nature of the investigation. Both Loyst and Dervenis were called to a meeting with the employer on June 18.
Loyst, when asked about leaving the workplace early, said he never left before the end of his shift. He said that if he had to leave early, he would contact a supervisor first as he knew he was expected to be at work for the entirety of his shift.
Dervernis said he would only leave early if instructed to do so by a supervisor or if he had to deal with a family emergency. He did tell the employer he had left early once after becoming covered in oil from a lubrication leak.
The video surveillance of the employees showed both Loyst and Dervernis were leaving work early, leaving as much as 52 minutes before the end of a shift.
The employer made the decision to fire Loyst and Dervernis for time theft and for being dishonest during the investigation.
During the process of grieving their termination, both Loyst and Dervernis admitted to leaving work early.
The union argued not all of the employees seen leaving early in the surveillance videos were terminated. Others were suspended while some were only counselled. The union submitted that both Loyst and Dervenis had learned their lesson and could be trusted moving forward.
The employer, however, argued there was no basis for reinstatement. Loyst and Dervenis had been put on notice by discipline related to being unavailable for work during their shift, and yet they continued to leave early.
The employer argued their wrongdoing was compounded by their dishonesty during their interviews. Arena operators work largely unsupervised and trust is a fundamental aspect of the employer relationship.
Arbitrator Jesse Nyman agreed, dismissing Dervenis’ grievance.
Loyst’s grievance was allowed in part. Nyman ordered that he be reinstated under the condition that, should he engage in any dishonesty-related misconduct in the 18 months immediately following his return to work, it be deemed just cause for the employer to terminate his employment.
Reference: The City of Kingston and the Canadian Union of Public Employees (CUPE) Local 109. Jesse M. Nyman — arbitrator. Robert Little for the employer, Peggy Smith for the union. April 10, 2016.
Loyst and Dervenis worked for the city as arena operators before they were terminated on June 26, 2015. Their union, the Canadian Union of Public Employees (CUPE) Local 109, grieved the terminations.
By the time of the hearing, both Loyst and Dervenis had admitted to the facts relied upon by the employer to substantiate their time theft.
While the union agreed discipline was warranted — and did not seek back pay — it argued dismissal was excessive and called for reinstatement.
Loyst had nearly 18 years of seniority, while Dervenis had nearly 16 years of seniority. As arena operators, they were entitled to two paid 15-minute breaks and a 30-minute unpaid lunch each shift. Arena operators are expected to remain on-site during their lunch unless they obtain permission to go off-site. Permission is obtained by phoning or texting a supervisor.
For the most part, arena operators are left unsupervised to carry out their duties.
On May 12, 2015, the employer received a complaint from a customer who had rented a field where, despite multiple requests to do so, the field lights had not been turned on.
An investigation was conducted and it was determined that Dervenis had been on duty the night in question. Dervernis told the employer he had been busy tending to other duties and had not heard the calls requesting the lights be turned on.
Following the investigation, Dervernis was suspended for one day.
Loyst had also been on duty that evening, though he had not been specifically responsible for the field in question. He was issued a written warning for being unavailable to perform his duties.
The employer soon received another complaint, this time from an employee claiming arena operators were leaving their shifts early. Loyst and Dervenis, along with two other employees, were identified as employees leaving early.
The decision was made to place Loyst and Dervenis under surveillance.
In June 2015, Loyst was suspended with pay pending the investigation, though he did not know the nature of the investigation. Both Loyst and Dervenis were called to a meeting with the employer on June 18.
Loyst, when asked about leaving the workplace early, said he never left before the end of his shift. He said that if he had to leave early, he would contact a supervisor first as he knew he was expected to be at work for the entirety of his shift.
Dervernis said he would only leave early if instructed to do so by a supervisor or if he had to deal with a family emergency. He did tell the employer he had left early once after becoming covered in oil from a lubrication leak.
The video surveillance of the employees showed both Loyst and Dervernis were leaving work early, leaving as much as 52 minutes before the end of a shift.
The employer made the decision to fire Loyst and Dervernis for time theft and for being dishonest during the investigation.
During the process of grieving their termination, both Loyst and Dervernis admitted to leaving work early.
The union argued not all of the employees seen leaving early in the surveillance videos were terminated. Others were suspended while some were only counselled. The union submitted that both Loyst and Dervenis had learned their lesson and could be trusted moving forward.
The employer, however, argued there was no basis for reinstatement. Loyst and Dervenis had been put on notice by discipline related to being unavailable for work during their shift, and yet they continued to leave early.
The employer argued their wrongdoing was compounded by their dishonesty during their interviews. Arena operators work largely unsupervised and trust is a fundamental aspect of the employer relationship.
Arbitrator Jesse Nyman agreed, dismissing Dervenis’ grievance.
Loyst’s grievance was allowed in part. Nyman ordered that he be reinstated under the condition that, should he engage in any dishonesty-related misconduct in the 18 months immediately following his return to work, it be deemed just cause for the employer to terminate his employment.
Reference: The City of Kingston and the Canadian Union of Public Employees (CUPE) Local 109. Jesse M. Nyman — arbitrator. Robert Little for the employer, Peggy Smith for the union. April 10, 2016.
