Canada Post was justified in firing a worker for aggressive and insubordinate behaviour that followed multiple suspensions for similar misconduct, a federal arbitrator has ruled.
“It’s difficult for an employer to justify with-cause termination, as the burden of proof is always on the employer to demonstrate that the employee would not likely have improved with more progressive discipline,” says Joseph Oppenheim, a labour and employment lawyer at Carbert Waite in Calgary.
“But this case demonstrates that there are lines an employee ought never to be able to cross [with workplace behaviour].”