Select October 2004 Decisions

Transwest Mining Systems v. IUOE, Local 115 (Hurley Grievance), John Sanderson Q.C., arbitrator. The grievor was a long service employee with a good work record. He had been off work for slightly over a month. He had applied for and was granted short term disability benefits. Unfortunately, due to an apparent mix up, the grievor had yet to receive any disability benefits. On the grievor's first day back at work he confronted his employer demanding that the Employer pay him directly or he would quit. The Employer refused to pay him. The grievor turned in his tools and left the worksite. Two days later, the grievor phoned into work. He left a message for his foreman requesting the rest of the week off as vacation time. The foreman called his wife and agreed to allow the grievor to take the rest of the week off as vacation time. The grievor went to work the following Monday only to be told that the Employer believed that he had quit his job. The Union grieved asserting that the Employer had effectively terminated the grievor. The arbitrator upheld the grievance finding that while the grievor had in fact quit his job, the Employer subsequenting restored the employment relationship by granting the grievor vacation time.

To view a copy of the decision in Adobe Acrobat version, please click here.

Linda Christopherson –and– Dock and Shipyard Workers’, Local 1204 –and– Victoria Shipyards Co. Ltd., BCLRB No. B314/2004. An employee complained that she was subjected to continual workplace harassment and that after complaining to the Employer about the harassment that it began to discriminate against her...more

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