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ARTICLE · 11 NOVEMBER 2015

Dishonesty Trumps Length Of Service

A recent labour arbitration award has reinforced the importance of honesty in industries where trust is an essential component of the employment relationship.

CanadaEmployment and HR

A recent labour arbitration award has reinforced the importance of honesty in industries where trust is an essential component of the employment relationship. In such industries, any form of dishonesty can justify the discharge of even a longterm employee.

In Sobeys West Inc. v. UFCW Local 1518 (Cahoon Grievance) [2015] B.C.C.A.A.A. No. 36, the grievor, a unionized, parttime clerk at a Safeway store in British Columbia, was discharged when he applied for and took an educational leave under false pretences. He had 34 years of seniority.

For several years, the grievor had reduced his employment status to part-time while working full-time with another employer on the Alberta oil sands. He was able to accomplish this feat by taking advantage of the generous leave provisions in the parties' collective agreement; this resulted in him not attending work from 2012.

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