Although an Ontario arbitrator would have, on compassionate grounds, reinstated an employee who was terminated after showing up to work intoxicated, the arbitrator instead dismissed the grievance because reinstatement would have caused undue hardship for the employer.
An employee’s 37 years of service couldn’t save him from termination after a series of safety violations and warnings. His unrepentant attitude didn’t help matters. An Ontario labour arbitrator found the employer was reasonable in firing the long-term employee after two safety incidents which, considered by themselves, were relatively minor, but when combined with the employee’s recent past, amounted to just cause for termination.
A Canadian labour arbitrator just decided that, when an employee who was on maternity leave was terminated, she was not wrongfully dismissed. In fact, the decision to discontinue the job was made in good faith and in line with a corporate downsizing.