FAQ's Cases - Stewart McKelvey

[6] I also determined that the hearing would be bifurcated, that I would be decidingwhether the applicant’s rights under the Code were violated and only if I found a Codeviolation would the hearing resume to consider evidence and submissions relating toremedy.BACKGROUND[7] The respondent produces a variety of food products including cheese and dairyproducts. The applicant worked in the respondent’s Woodbridge facility which suppliesthe respondent’s products to pizzerias. The facility includes a warehouse with a fridgeand freezer for food storage. The warehouse operates with three shifts; a day, afternoonand night shift.2012 HRTO 1455 (CanLII)[8] The applicant began working for the respondent in September 2004. He wasemployed as an order picker on the afternoon shift. As an order picker, the applicantwas responsible for preparing orders to be shipped to the respondent’s customers. Hisduties included “picking” products from the warehouse shelves based on a customer’slist, stacking the selected products on a pallet or skid (usually by using a forklift), andthen shrink wrapping the skid. Products weigh up to 40 pounds. Some products haveto be retrieved from the fridge or freezer. In a normal shift an order picker may pickproducts that require 10-15 skids.[9] Some employees and supervisors have an additional duty of “checkingsummaries” which involves checking skids to ensure that customer’s orders wereaccurately filled. All employees are expected to contribute to keeping the facility clean.Some employees are given additional cleaning duties which required riding a sit downsweeper.[10] Rob Castellano was the warehouse supervisor on the afternoon shift and theapplicant’s direct supervisor. Pat Roehl was the Human Resources Advisor responsiblefor human resource issues at the Woodbridge facility. She reported to FrankZbaraschuk, the respondent’s Vice-President for Human Resources-West.4