Email from Union Team
Greetings AW Management,
I am writing this email regarding Skip's grievance, from the union side, who is "wrongfully
terminated" from his employment. Please find below all the details of the grievance with the
main issue, facts, applicable laws, and requested remedy.
We grieve on behalf of Skip Rocks because he is “wrongfully terminated” from his employment
with Associated Warehouses (AW). The management stated that he claimed paid sick leave when
in fact he could do his job duties and misrepresented the facts. However, this is not true, and he
was not dishonest with AW.
Skip is a “Lift Truck Driver” who is working with AW for 28 years. He operates a forklift to load
and unload entire trucks as well as pick up items from pallets. Along with it, he is also changing a
propane tank of the forklift each morning, which weighs about 25 kilograms. Thus, it may be
claimed that his work is demanding and difficult. He is also a Chief Steward with his union for
many years. He has a clean professional history and has never faced discipline before. His
performance appraisals indicated that he is a reliable and efficient employee who is liked by
Wm. Scott & Steel Equip. Co. case law applies where this is not a valid cause, that he was
curling while on paid sick leave, for termination, because there is no valid evidence which
proves this fact that he is lying to the management. In the alternative, if there is any cause, the
penalty, in this case, is too excessive. The penalty, in this case, is inappropriate, and his long-
term service, seniority, clean record, performance appraisals, and working experience should
be considered while awarding a penalty to Skip.
2. As a remedy, we demand that Skip be fully reinstated, with full back pay and no discipline
because the awarded penalty, in this case, is too excessive and inappropriate.
Hope the management will consider all the above-mentioned points while replying to this
Associated Warehouses Union
3. Response from Management Team
Thank you for your grievance regarding Skip Rocks. After reading, we as management have
denied this grievance because Skip has given us a cause after lying about his back pain and then
going to the curling competition. He committed fraud and was dishonest.
After checking the curling bonspiel of Alberta, Jasmine has found that “Skip Rocks foursome”
his team has got third place in the competition. When the manager asked for an explanation he
lied constantly, which gives us a reason to terminate skip Rocks. The penalty is fair as we were
short-staffed, and Skip has duties that needed to be done for smooth day -to-day operations.
We cannot allow employees to be absent from the workplace and lie about the reason to the
manager. Our company has a strict policy against fraud and dishonesty, and we cannot allow
employees who were dishonest and lied to the management to keep employed.
William Scott's case applies here as this is a discipline case and we have a cause which is fraud
and dishonesty in this situation to terminate Skip and reasons as well explaining that the
penalty is fair.