Termination letter
exaggerated circumstances
e arbitrator found the termination
letter exaggerated the circumstances to
a certain extent. All reports on the inci-
dent indicated that while the water hoses
on the washing machine were stretched,
they weren't damaged — even the cus-
tomer said she wasn't concerned about
them. In addition, the customer didn't file
an official complaint, she just wanted the
city to be aware of Desantis' behaviour.
However, the evidence showed that the
customer was uncomfortable with the way
Desantis acted during the housecall, even
without a formal complaint, and Desan
-
tis did nothing to change that. ough he
claimed in the investigative interview that
he apologized to the customer, this wasn't
credible as it contradicted what his partner
reported and what the customer said when
she spoke to the foreman.
Given Desantis' behaviour and his lack of
apology, the arbitrator agreed that Desantis
violated the city's respectful workplace poli
-
cy and its customer service model.
e arbitrator noted that Desantis' two
active instances of discipline — the two-day
and four-day suspensions — were for unau
-
thorized absences, which may seem to be
unrelated types of misconduct, but "there is
the common thread of lack of trust that flows
from (Desantis') actions," the arbitrator said.
However, the arbitrator found the previ
-
ous instances of misconduct were relatively
minor and while Desantis was known to
get frustrated from time to time, there was
no record of any serious incidents. e in
-
cident in question was the result of "strong
emotional impulses" and was more likely an
isolated incident that progressive discipline
would help correct, said the arbitrator.
Given these factors and the fact that De
-
santis had 15 years of relatively good service,
the arbitrator determined dismissal was ex-
cessive in the circumstances and a two-week
suspension would be more appropriate.
However, the arbitrator also found Desantis'
actions on the day of his dismissal caused
additional concerns about his temper. As a
result, reinstatement was not possible as the
employment relationship was no longer vi
-
able. Instead, the city would be required to
pay damages including back pay in lieu of
reinstatement, the amount of which should
be negotiated by the city and the union.
For more information see:
• Calgary (City) and Calgary Civic Employ-
ees, Local 37, CUPE (Desantis), Re, 2018
CarswellAlta 1616 (Alta. Arb.).
Canadian HR Reporter, a Thomson Reuters business 2018
September
12,
2018
|
Canadian
Employment
Law
Today
CREDIT: FOTODUETS/SHUTTERSTOCK
ABOUT THE AUTHOR
JEFFREY R. SMITH
Jeffrey R. Smith is the editor of Canadian
Employment Law Today. He can be reached at
jeffrey.r.smith@thomsonreuters.com, or visit
www.employmentlawtoday.com for more information.
