FAQ's Cases - Stewart McKelvey

Page 5- taking customer's Air Miles for personal credit;- fraudulent W.C.B. claims;- faking illness in order to receive sick pay;- lying about hours worked; or- misrepresenting any company financial or operating reports orrecords.If an employee commits any act of theft or dishonesty termination of employmentwill result.In addition, theft is a criminal offence and such an employee may be subjectto criminal prosecution.21 21. During his testimony the Grievor indicated that he worked as a cashier regularly althoughnot every day. He indicated that he was not good at it but that he was assigned cashier dutieseven though he'd received a failing grade in the cashier training program. He indicated that cashierwork is also stressful to him because it takes him away from what he considers his "real job" andwhen he spends part of his shift working as a cashier, he is "running for the rest of his shift" to gethis work done in the Produce Department.22 22. He said that he is not very computer savvy and found the beeping noise obnoxious. Heassumed that customers would also find it annoying. He said that he was frustrated by the cash register'srefusal to accept the asparagus and just wanted to get the customer through. He said that hisreaction to the beeping noise was "to heck with it" and he threw the produce in a bag so that hecould move on. He said that he wanted to get the customer through quickly so he could "get back towhat he was paid to do, selling vegetables."23 23. The Grievor did not regard his conduct as dishonest "at all" and testified that he was justtrying to get the customer out and happy. He said that Safeway had impressed upon him the importanceof good customer service and he did not want to delay the customer. He indicated that he receivedno benefit from his misconduct but acknowledged that it was wrong and warranted discipline.24 24. When asked "how can the Arbitrator be certain you won't do this again if he sends youback to work?" he replied "I can't be certain but hope I won't". He testified that he'd like to get anote from a Doctor saying he couldn't do cashier duties because of an earlier wrist injury. He testifiedthat his wrists were crushed in an accident 15 years ago and "cramp up easily."EMPLOYER ARGUMENT25 25. It was the Employer's position that the undisputed facts support a finding that there wasjust cause for termination. The Grievor attempted to give merchandise to a customer without chargingfor it. He did it knowingly and his conduct must be characterized as dishonesty therefore dischargeis the proper remedy.