Theory of the case

1. KWANTLEN POLYTECHNIC UNIVERSITY
LABOUR and EMPLOYEE RELATIONS: HRMT 5190 (A50)
ASSIGNMENT 1:
Shawn Brightly Termination Case
PREPARED BY
Name: Nisha Thompson
Student ID: 100422179
Date: May 27, 2023

2. 1. Type of case (eg. discipline, seniority, interpretation etc.).
This case is disciplinary in nature and brought about because it was alleged that Shawn
defrauded the company by receiving paid sick benefits for a period that he was not sick. The
situation was further compounded by the fact that his managers had strong reason to believe
that he lied about the real cause of his absence. Shawn was therefore terminated for
allowing himself to be paid sick leave when he was not actually sick (fraud) and lying about
the situation when being confronted twice (dishonesty leading to a loss of trust).
2. Provide a VERY short overview of the KEY FACTS ONLY (if this is 8 lines or
fewer that is fine!!)
Shawn’s tenure is almost 28 years with a clean record, and he was Chief Shop Steward
for several years. His job is highly physical in nature. He only identified vacation dates for
2 of the 5 weeks that he is entitled to. His leave application for October 26 - 30 was
denied. This is coincidentally the same week of the tournament in Alberta. His managers
confirmed his participation in the event through the sport website and he lied when asked
directly if he had been curling. He was terminated effective immediately for fraud and
dishonesty.
3. States your idea of what really happened and what the IDEAL outcome should
be.
The ideal outcome is for the grievance to be dismissed. The decision to terminate should
stand because Shawn defrauded the system by getting a doctor’s note, because his
vacation leave application was denied. This also means that he misled his doctor about the
true condition of his health, otherwise he would not have been granted the time to “rest his
back”. The fact that the doctor said he should try to do some walking further confirms this
fact. Also, leniency in the matter can no longer be considered because he lied when
approached two times by his superiors. This outcome must be maintained for precedence to
be set.
4. Cites collective agreement articles (if applicable) and/or any key statute or case
law.
The Wm. Scott case law is applicable in this situation because it is disciplinary in nature. It
creates guidelines that can be used when it comes to discipline and termination by posing 3
questions. These questions help us decide if the disciplinary action is justified – 1) Has the
employee given just and reasonable cause for some form of discipline by the employer? 2) If
the answer is yes, was the employer's decision to dismiss the employee an excessive
response in all the circumstances of the case? 3) if the arbitrator does consider discharge
excessive, what alternative measure should be substituted as just and equitable?
5. Identifies BAMO(s) that you might agree to during arbitration.
a) Reinstatement but with a no-pay suspension of 21 days. Days off the job since the
termination took effect can be used to offset the suspension period as time served.
Also, a warning for immediate dismissal in the event of any recurrence of a similar
offence. Shawn must also step down from his position as Chief Shop Steward based
on his conduct. If this is not accepted then,
b) Reinstatement but with a no-pay suspension of 14 days plus all the other conditions
stated in (a) above. If this is not accepted then,
c) Reinstatement but with a no-pay suspension of 7 days plus all the other conditions
stated in (a) above.