Caught Nesting, Worker Saved by Mitigating Factors

|Canadian Labour Reporter|Last Updated: 02/08/2011

Caught during working hours in a locked, darkened office — reclined, feet up and his head resting on a roll of paper towel — a worker was fired for “nesting.”

Working on the janitorial crew to comply with medical restrictions that came about after a workplace injury, P.J. was a 13-year employee who had enjoyed some success with his employer, an industrial yarn manufacturer.

Beginning as an operator, P.J. progressed through the various stations in the mill, finally becoming a Shift Tech Resource (STR) and then summertime relief foreman. He was promoted to full-time foreman for about three years but then was sent back to the floor to work as an STR following a restructuring.