FAQ's Cases - Stewart McKelvey

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Page 17...In my opinion, an employer (and particularly an employer in the retail grocerybusiness) has to be able to trust the absolute honesty of each of its employees.While it is true that dishonesty may not always, inevitably and automatically resultin termination (as the Supreme Court of Canada has noted in McKinley), thepossibility of a lesser penalty necessarily presupposes the possibility ofre-establishing the trust relationship. I am satisfied that this cannot be done in thepresent case, particularly given the Grievor's attitude at the hearing and lack oftaking responsibility for her actions.94 94. The Grievor's misconduct was inconsistent with the obligations of his position and violatedan essential term of his employment. It undermined the trust necessary to continue the employmentrelationship. He is not a good candidate for reinstatement as he failed to grasp the seriousnessof his misconduct or take responsibility for it. I can see no reasonable possibility of reestablishingthe necessary trust. Accordingly, the grievance is dismissed.Dated at Calgary, Alberta this 9th day of December 2011.William D. McFetridge* * * * *EXHIBIT LIST1 Collective Agreement between UFCW, Local 401 and Canada Safeway Ltd.2 Agreed Exhibit Book - Tabs 1 - 73 Discipline Notice - July 24/104 Discipline Notice - Oct 26/085 Confidential Statistics re losses due to theft6 Disc recorded interview with Grievor, transcript of which is at Tab 6 of Exhibit 2 (15 minutes)qp/e/qlspi/qllxr/qlhcs/qlced
HUMAN RIGHTS TRIBUNAL OF ONTARIO______________________________________________________________________B E T W E E N:Mike Gary Hummel-and-Transport Training Centres of Canada Inc. and NorthwesternTransport Training and Heavy EquipmentApplicantRespondents______________________________________________________________________2012 HRTO 1489 (CanLII)DECISION______________________________________________________________________Adjudicator:Kevin CleghornDate: July 31, 2012File Number:2010-05710-ICitation: 2012 HRTO 1489Indexed as: Hummel v. Transport Training Centres of Canada Inc.______________________________________________________________________
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The Labour Relations BoardSaskatche
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3unionized workforce at their plant
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5[15] In addition, there was some h
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7Employee “D”: He was on his pr
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9[37] The Board did not have the be
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11[48] Shortly after Mr. Copeland b
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13credible reason for the disciplin
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15outlined by the Board in RWDSU v.
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173. Order for captive audience mee
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19for his failure to produce the wi
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21[95] Similarly as noted in the qu
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23[103] Also, in The Newspaper Guil
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25rights under the Act. The Employe
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27The determination of whether, in
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29respect to the section of the Alb
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31meetings, would have been within
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33[143] In respect of the complaint
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- 2 -[2] The plaintiff, Susan Chart
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- 4 -by the time she finished there
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- 6 -[24] Testimony was received fr
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- 8 -would feel grateful for the fo
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- 10 -[49] 2. Comfortable, even tem
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- 12 -[67] Another complaint was th
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- 14 -bottom of the problem and the
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- 16 -member about something amusin
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- 18 -[111] Given that the meeting
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- 20 -[130] Some of the plaintiff
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- 22 -[146] The plaintiff’s expla
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COURT OF APPEAL FOR ONTARIOBETWEENC
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Page: 3[5] In his application, the
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Page: 5(c) By the Employer at any t
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Page: 7continuation, in the amount
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Page: 9D. ANALYSIS[23] It is well-s
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Page: 11[28] The appellant submits
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Page: 14[37] When parties contract
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Page: 16addressing the issue of a c
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Page: 18application of mitigation:
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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 and 114: Page 2of the immediate problem that
Page 115 and 116: Page 4- He admitted that he had pla
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: Page 16(iv)Has the employer attempt
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
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FAQ's Cases - Stewart McKelvey

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