Can the person in charge of my grievance change my punishment if my contract doesn't say what should happen?
The situation
I have been working at a large warehouse in Ontario for about four years. Last month, on October 12th, my supervisor accused me of being late for my shift three times in one week. I believe there was a misunderstanding regarding the clock-in programme, but the company decided to fire me on the spot for cause. I am part of a union, and we have already started the formal grievance process. My union representative told me that our collective agreement doesn't actually list a specific penalty for being late a few times; it just says the company can discipline us. I am really worried because losing my job means I can't pay my monthly rent or cover my grocery labour costs. We are heading to a hearing soon, and I was wondering if the person presiding over our dispute has the authority to decide on a different punishment, like a suspension or a warning, instead of just letting the firing stand? I want to know if they can pick a penalty that feels fairer to the situation if the rulebook is silent on the exact consequence.
Quick Summary
Yes, the person presiding over your dispute (the arbitrator) has the authority to change your punishment. If your collective agreement does not list a specific penalty for being late, the arbitrator can replace your firing with a fairer punishment like a warning or suspension.
Detailed Analysis
Statutory Citations
Legal Citation: Canada Labour Code § R.S.C., 1985, c. L-2, s. 60 — Powers of arbitrator, etc.
"Where an arbitrator or arbitration board determines that an employee has been discharged or disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction... the arbitrator or arbitration board has power to substitute for the discharge or discipline such other penalty as to the arbitrator or arbitration board seems just and reasonable in the circumstances."View Official Legislation →
Legal Citation: Canada Labour Code § R.S.C., 1985, c. L-2, s. 57 — Provision for final settlement without stoppage of work
"Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties..."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
Have a situation like this?
Ask the AI Lawyer app about your specific case.
Related Questions
- Can I get unpaid overtime and holiday pay after my employer was convicted?
- My landlord changed the locks and I moved out, can I get my unit back?
- Can my boss refuse to pay me for overtime hours if I didn't take my time off?
- Do I need to send my paperwork to the city council if I am challenging a repair order?
- Can I ask for more child support just because the divorce laws recently changed?