Another Case
Posted: Mon Sep 14, 2020 10:15 pm
Employee A – White male, age 28
Seniority – three years
Job title – Labourer
Rate of pay - $24.77/ hr
Employee Record -Good
Employee B – Aboriginal male, age 36
Seniority – Five years
Job title – Welder
Rate of pay - $31.85/ hr
Employee Record - Good
The Company employs 45 people in its steel fabricating shop. They custom fabricate large structural steel products. Building trusses, bridge arches etc.
The two employees are friends. Most days, during their 30 minute unpaid lunch break, the two eat their lunch together in Employee A’s van in the Company parking lot.
The foeman suspected the two of drinking beer during their lunch break. They always smelled of beer after they returned to work
The foreman decided to check and see if he could catch them at it
The next day, he waited until the pair had been out in the van about 5 minutes, then went out to investigate.
It is possible they were drinking. When the foreman approached the van, employee A started the engine and began to drive away.
The foreman was determined to stop them and leaped out in front of the van. Employee A jammed on the brakes, but the van skidded in the gravel striking the foreman and knocking him down.
The foreman wasn’t seriously injured Just bruises and abrasions. Also his glasses were broken.
The Company called the Police. The police administered an alcohol test to the driver. They found he did have a level of alcohol in his blood but not enough to be legally impaired.
As for running into the foreman, the police concluded it had been unavoidable. It had been the foreman’s own fault for jumping into the path of the van. The police did not lay any charges.
The Company fired employee A (the driver) for endangering another employee (the foreman)
The Company suspended Employee B for 1 week for consuming alcohol on Company property.
Employee A filed a grievance alleging improper discharge. He asked to be reinstated with no loss of pay or benefits.
Employee B filed a grievance alleging improper discipline and asked to have the discipline removed from his record and to be made whole for all lost wages.
Does the grievance of Employee A succeed?
Does the grievance of Employee B succeed?
Is the Foreman entitled to Workers Comp for his injuries and broken glasses?
Seniority – three years
Job title – Labourer
Rate of pay - $24.77/ hr
Employee Record -Good
Employee B – Aboriginal male, age 36
Seniority – Five years
Job title – Welder
Rate of pay - $31.85/ hr
Employee Record - Good
The Company employs 45 people in its steel fabricating shop. They custom fabricate large structural steel products. Building trusses, bridge arches etc.
The two employees are friends. Most days, during their 30 minute unpaid lunch break, the two eat their lunch together in Employee A’s van in the Company parking lot.
The foeman suspected the two of drinking beer during their lunch break. They always smelled of beer after they returned to work
The foreman decided to check and see if he could catch them at it
The next day, he waited until the pair had been out in the van about 5 minutes, then went out to investigate.
It is possible they were drinking. When the foreman approached the van, employee A started the engine and began to drive away.
The foreman was determined to stop them and leaped out in front of the van. Employee A jammed on the brakes, but the van skidded in the gravel striking the foreman and knocking him down.
The foreman wasn’t seriously injured Just bruises and abrasions. Also his glasses were broken.
The Company called the Police. The police administered an alcohol test to the driver. They found he did have a level of alcohol in his blood but not enough to be legally impaired.
As for running into the foreman, the police concluded it had been unavoidable. It had been the foreman’s own fault for jumping into the path of the van. The police did not lay any charges.
The Company fired employee A (the driver) for endangering another employee (the foreman)
The Company suspended Employee B for 1 week for consuming alcohol on Company property.
Employee A filed a grievance alleging improper discharge. He asked to be reinstated with no loss of pay or benefits.
Employee B filed a grievance alleging improper discipline and asked to have the discipline removed from his record and to be made whole for all lost wages.
Does the grievance of Employee A succeed?
Does the grievance of Employee B succeed?
Is the Foreman entitled to Workers Comp for his injuries and broken glasses?