Cell phones are one of the most common distractions for drivers.
Statistics show that drivers engaged in text messaging are up to 23
times more likely to be involved in a crash or near crash when
compared with non-distracted drivers. In response, distracted
driving laws are now the norm across Canada with fines and demerit
points the result of violations.
But what if an employee drives
distractedly while on company time? Can an employer impose its own
discipline? A recent labour arbitration suggests discipline, and in
some cases termination, is warranted.
The Decision
In
BFI Canada Inc. v. Teamsters Union, the Grievor, a
truck driver with the BFI, was dismissed for violating the
company's distracted driving policy after an on-board camera
showed him holding and using his cell phone while driving at a
truck stop. The camera captured the Grievor looking down for almost
eight seconds and at times holding his phone in both hands. The
union grieved the termination.
