As our regular readers are likely well aware, unionized
employers are held to a high threshold when asserting just cause
termination. A recent decision out of Nova Scotia highlights the
often complex intersection between employee misconduct, progressive
discipline, and alleged disability.
In UNIFOR, Local 2215 v I.M.P. Group Limited
(Aerospace Division), a long-service employee was
terminated for repeatedly masturbating in a workplace bathroom
stall. The employer initially became aware of the grievor's
activities in January 2016 after receiving multiple complaints from
other employees. On the basis of these complaints, the employer met
with the grievor and advised that multiple employees had come
forward and disclosed that there was an individual in the bathroom
who was "breathing heavily, making erratic movements and
moaning" and that he had been identified as that individual.
In this meeting, the employer advised the grievor that if there was
a medical issue
