FAQ's Cases - Stewart McKelvey

More documents

Recommendations

Info

Page 36 4. The Grievor preferred working in the Produce Department and was part of a small teamwho maintained the Department to a high standard.7 5. He did not like the cashier work in part because it took him away from what he regarded ashis "real work" in the Produce Department.8 6. He had taken the cashier training course but had not passed the exam. Notwithstanding hispoor results on the exam, he had been assigned cashier duties on a regular basis for approximatelytwo months since completing the cashier training.9 7. On July 23, 2010 the Grievor began his shift at 2:30 in the afternoon. When he arrived hisco-workers in the Produce Department were just leaving for lunch. The Produce Department hadbeen fully staffed in the morning and was in good shape. There were some tasks which the Grievorplanned to complete however he was immediately assigned to perform cashier duties for the afternoon.10 8. He encountered a problem with his first customer. He was unable to get the cash registerto ring in two bunches of asparagus. The code was printed on an elastic band around each bunchand he entered it twice. Each time the cash register made a beeping noise to notify the operator thatthe item had not been charged to the order.11 9. The customer was a long term Safeway employee who knew the code for asparagus andthat it is sold by weight not by the bunch. He also knew that the cash register could not accept thecode because the Grievor had not put the asparagus on the scale. The customer told the Grievor toput the asparagus on the scale and enter code 4080. Instead of doing so, the Grievor simply baggedthe asparagus and put it in the customer's shopping cart without entering it in the cash register.12 10. The customer again asked the Grievor to scale the asparagus and to enter the code 4080,this time the Grievor looked to the right and then to the left, put his finger to his lips and said"shhhh, it's alright".13 11. This was not acceptable to the customer. He took the asparagus out of the cart, removedit from the bag and put it on the scale. He again directed the Grievor to enter the code 4080 andwhen the Grievor did so the amount of $5.90 was recorded on the customer's bill. The customerpaid for his grocery order and left the store.14 12. This incident concerned the customer and before leaving the parking lot he telephonedhis wife, who is also a Safeway employee and happened to be at that store interviewing prospectiveemployees. He advised her what had just happened and the information was passed on to the storeManager.15 13. Less than an hour later the customer got a call from a Safeway security employee whoasked him to write out a statement and send it to him. The customer did so and emailed his statementto the security employee.16 14. The next day the Grievor was interviewed in the presence of his Union Steward. The interviewwas recorded and the recording and a transcript of the recording were in evidence at thehearing.17 15. The Grievor did not initially recall the transaction however when confronted with detailsof the incident, he did not deny any of the essentials.
Page 4- He admitted that he had placed the asparagus in a bag withoutcharging the customer for it and acknowledged that he "probably"did say "shhh, it's all right". He explained that "sometimes I say stupidthings."- He admitted that he was aware of the Safeway Employee Honestyand Integrity Policy.- He admitted that he had taken the PAUL training. PAUL is anacronym for Product Accuracy Using Lookup, a program to ensurethat cashiers understand the importance of accurately keying in produceand instructing them how to recognize various types of produceand look up the proper codes.- He explained that he thought that asparagus was sold by the bunchand didn't think to weigh it.- He said that he was sorry and acknowledged that he should be reprimandedin some way.- He said he was so busy he didn't think to ask for help.- He said that there was a cashier working next to him but that he"can't understand him half the time" because of his accent.18 16. The Grievor was suspended and advised that a decision would be made within the nextfew days. He was told that if he needed to talk to somebody, the Employee Assistance Program wasavailable to him.19 17. On July 27, 2010 the Grievor received a telephone call from his Store Manager advisinghim that his employment was terminated effective immediately for "sweethearting and violation ofCompany policies including the Honesty and Integrity policy". A letter of termination was sent tohis home address with a copy to his Union. Although nothing turns on it, the Grievor had movedand the termination letter was never received by him.20 20. The Safeway Employee Honesty and Integrity policy states:We insist that Safeway employees be honest in all of their dealings andmaintain the highest standards of ethics and integrity.Dishonesty can take many forms, for example:- theft by not paying for merchandise;- consuming or "grazing" unpaid for product;- under-ringing merchandise;
Page 1 and 2:
The Labour Relations BoardSaskatche
Page 3 and 4:
3unionized workforce at their plant
Page 5 and 6:
5[15] In addition, there was some h
Page 7 and 8:
7Employee “D”: He was on his pr
Page 9 and 10:
9[37] The Board did not have the be
Page 11 and 12:
11[48] Shortly after Mr. Copeland b
Page 13 and 14:
13credible reason for the disciplin
Page 15 and 16:
15outlined by the Board in RWDSU v.
Page 17 and 18:
173. Order for captive audience mee
Page 19 and 20:
19for his failure to produce the wi
Page 21 and 22:
21[95] Similarly as noted in the qu
Page 23 and 24:
23[103] Also, in The Newspaper Guil
Page 25 and 26:
25rights under the Act. The Employe
Page 27 and 28:
27The determination of whether, in
Page 29 and 30:
29respect to the section of the Alb
Page 31 and 32:
31meetings, would have been within
Page 33 and 34:
33[143] In respect of the complaint
Page 35 and 36:
- 2 -[2] The plaintiff, Susan Chart
Page 37 and 38:
- 4 -by the time she finished there
Page 39 and 40:
- 6 -[24] Testimony was received fr
Page 41 and 42:
- 8 -would feel grateful for the fo
Page 43 and 44:
- 10 -[49] 2. Comfortable, even tem
Page 45 and 46:
- 12 -[67] Another complaint was th
Page 47 and 48:
- 14 -bottom of the problem and the
Page 49 and 50:
- 16 -member about something amusin
Page 51 and 52:
- 18 -[111] Given that the meeting
Page 53 and 54:
- 20 -[130] Some of the plaintiff
Page 55 and 56:
- 22 -[146] The plaintiff’s expla
Page 57 and 58:
COURT OF APPEAL FOR ONTARIOBETWEENC
Page 59 and 60:
Page: 3[5] In his application, the
Page 61 and 62:
Page: 5(c) By the Employer at any t
Page 63 and 64: Page: 7continuation, in the amount
Page 65 and 66: Page: 9D. ANALYSIS[23] It is well-s
Page 67 and 68: Page: 11[28] The appellant submits
Page 70 and 71: Page: 14[37] When parties contract
Page 72 and 73: Page: 16addressing the issue of a c
Page 74 and 75: Page: 18application of mitigation:
Page 76 and 77: Page: 202008 ONCA 479, 91 O.R. (3d)
Page 78 and 79: Page: 22[56] Notably, the concern e
Page 80 and 81: Page: 24termination without cause,
Page 82 and 83: Page: 26[64] The costs on the appli
Page 84 and 85: The parties agree this Board has th
Page 86 and 87: Mr. Wallace. The evidence is that M
Page 88 and 89: Mr. Mutter and Mr. Wallace each tes
Page 90 and 91: Mutter spoke. He testified he was a
Page 92 and 93: saw (or was told by the crew) Mr. K
Page 94 and 95: and heard, as well as other factors
Page 96 and 97: When viewed in that light, it is fa
Page 98 and 99: IN THE SUPREME COURT OF BRITISH COL
Page 100 and 101: Balogun v. Deloitte & Touche, LLP P
Page 113: Page 2of the immediate problem that
Page 117 and 118: Page 626 26. The Grievor's conduct
Page 119 and 120: Page 8he had a problem with was fro
Page 121 and 122: Page 10supervisor. Counsel argued t
Page 123 and 124: Page 12hope to gain a financial ben
Page 125 and 126: Page 1483 83. McKinley is an import
Page 127 and 128: Page 16(iv)Has the employer attempt
Page 129 and 130: HUMAN RIGHTS TRIBUNAL OF ONTARIO___
Page 131 and 132: [1] This is an Application under se
Page 133 and 134: [10] Sean McKay also testified on b
Page 135 and 136: THE LAW[19] Section 5 of the Code p
Page 137 and 138: that ensued. There is no evidence t
Page 139 and 140: HUMAN RIGHTS TRIBUNAL OF ONTARIO___
Page 141 and 142: [1] The applicant has filed two App
Page 143 and 144: CHRONOLOGY OF KEY EVENTS[11] The ap
Page 145 and 146: tasks beyond his functional limits
Page 147 and 148: do what they can and that if someon
Page 149 and 150: checking summaries before stating t
Page 151 and 152: Roehl in June or to the respondent
Page 153 and 154: Section 10 of the Code defines hara
Page 155 and 156: was assigned duties that required h
Page 157 and 158: -last portion of the day he levels
Page 159 and 160: [66] I recognize that some of the c
Page 161 and 162: was made aware on May 22/07 that hi
Page 163 and 164: “To be honest Tony I don’t know
Page 165 and 166:
is older, or believed that the appl
Page 167 and 168:
[91] The applicant also submitted t
Page 169 and 170:
steps to address allegations of dis
Page 171 and 172:
this period lessening, in my view,
Page 173 and 174:
[109] The respondent submits that i
Page 175 and 176:
that the events of May 22 may have
Page 177:
Accordingly, I am requiring the par
show all

FAQ's Cases - Stewart McKelvey

Create successful ePaper yourself

Delete template?

Save as template?