“Just because there’s a last-chance agreement in place doesn’t mean the employer can treat that employee differently for the purposes of what is and isn’t misconduct warranting discipline. The standard that applies to all employees will continue to apply to an employee subject to a last-chance agreement.”
So says Mike Hamata, a labour and employment lawyer at Roper Greyell in Vancouver, after a British Columbia arbitrator overturned discipline for a worker’s aggressive behaviour and foul language that triggered dismissal under a last-chance agreement.
The worker was employed with Brewers Distributor Limited, a company that distributes beer in the four Western provinces and three Northern territories, in BC.
