“When addressing disciplinary action of any sort, you have to ensure that you’ve collected all of the relevant evidence and canvassed the witnesses, and, of course, determine that any employee claims of permission or accommodation are properly substantiated.”
So says G. John Samms, a partner with Stewart McKelvey in St. John’s, after a Newfoundland and Labrador worker was reinstated by an arbitrator because the employer didn’t prove that it had just cause for dismissal.
The worker was employed since 2019 as a machinist/mechanic at a mine in Wabush, NL, operated by Tacora Resources, an iron ore mining and development company.
