By Jeffrey R. Smith
Dec 05, 2022
A B.C. cement truck driver who narrowly avoided hitting pedestrians—including a young child—was fired for a serious safety breach, but an arbitrator later ruled that while his conduct was grave and justified discipline, termination went too far. The worker had failed to fully stop and yield despite seeing pedestrians, making the incident more than a simple mistake, yet his remorse, clean record, and cooperation weighed heavily in his favour. Applying established labour law principles, the arbitrator concluded that dismissal was excessive and substituted a six-month suspension instead—while affirming that the misconduct was serious enough that firing had been a reasonable option for the employer to consider in a high-risk environment.
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