A recent Ontario arbitration
decision has illustrated that a serious workplace safety incident
can lead to termination. While the appropriateness of discipline
will always turn on the specific circumstances, the case of
Sudbury Integrated Nickel Operations v. Sudbury Mine, Mill &
Smelter Workers' Union Unifor, Local 598, [2015] CanLII
32018 provides a useful example of when termination is
justified following a workplace accident.
In this instance a mining trolley
became derailed from its' tracks causing approximately $200,000
worth of equipment damage and 4 days of production loss. These
trolleys weigh approximately 20 tons when empty, but can weigh up
to 37 tons when fully loaded with muck ore or waste. The grievor in
this case was the lead operator of the trolley at the time of the
accident. The decision to terminate the grievor was the result of a
thorough workplace investigation.
