In British Columbia Ferry Services Inc. v. British Columbia Ferry and Marine Workers’ Union (Failure to Report to Work Grievance), [2025] B.C.C.A.A.A. No. 117 (Matthews), Arbitrator Brett Matthews held the employer’s decision to discharge the grievor for insubordination to be excessive in all the circumstances, finding that some of the grievor’s behaviour was non-culpable (non-blameworthy) as a result of his mental disorder.
Background
In 2018, the grievor began experiencing symptoms of what was later diagnosed as schizoaffective disorder – bipolar type. Between 2018 and 2023, he went on a couple of extended leaves of absence from work – approved leaves – because of his mental disorder.
In August 2023, the grievor started a regular appointment at the employer’s call centre. Around the same time, he began experiencing symptoms related to his mental disorder.
