ATU, 615 v CoS – Arbitration
In this arbitration, I concluded that the Employer did not have just cause to terminate the Grievor, a bus operator, arising from an interaction with a member of the public. While I found that the Grievor exercised poor judgment in initially engaging the complainant about parking, I determined that this amounted to an isolated error in judgment rather than culpable misconduct warranting discharge. I further found that the subsequent interaction — during which the complainant pursued the bus and later fell — was reasonably characterized as the Grievor attempting to disengage and avoid further confrontation. I held that the Employer failed to establish misconduct justifying termination. I also rejected the Employer’s reliance on the Grievor’s prior disciplinary record as a culminating incident, finding that the prior discipline involved unrelated conduct. I concluded that dismissal was disproportionate in light of the mitigating factors, including the isolated nature of the incident, the absence of aggressive intent, the Grievor’s acknowledgment of her error and the low likelihood of recurrence. The grievance was therefore allowed, with reinstatement and compensation ordered.