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ARTICLE · 22 FEBRUARY 2022

Taking Away Important Responsibilities For Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion For Discharge

Roper Greyell LLP
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When considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.

CanadaEmployment and HR
Bobby Sangha
Bobby Sangha
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When considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.

In Coquitlam Public Library  v. Canadian Union of Public Employees, Local 561 (Levesque Grievance), [2021] B.C.C.A.A.A. No. 85 (Sullivan), Arbitrator Christopher Sullivan was tasked with determining whether the Coquitlam Public Library had just and reasonable cause to discharge Lisa Levesque for inappropriate behaviour as a supervisor and dishonesty during a related investigation.

During the course of her 25 years with the Library, Ms. Levesque had moved up the ranks of the organization to become a Customer Experience Lead, a senior bargaining unit position with supervisory responsibilities.

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