Suspect Off-Duty Conduct Does Not Warrant Termination

|Canadian Labour Reporter|Last Updated: 02/06/2011

Fired for alleged off-duty misconduct, a union official was ordered reinstated when the arbitrator ruled that the conduct in question had no bearing on the employment relationship.

G.H., a welder with 31 years’ seniority and a long-time union official who acted as the union’s Equity Officer, was fired for dishonesty in contravention of Plant Rules and for alleged obstruction of justice.

In his role as Equity Officer, G.H. was present at a meeting convened by the provincial Human Rights Tribunal to mediate a union member’s human rights complaint. Following that meeting, it was alleged that the company’s vice-president of Human Resources threatened the complainant with bodily harm. A complaint was laid and the police charged the VP with threatening bodily harm.