Two arena operators in Kingston, Ontario were terminated by the
City for time theft, and when the Union grieved on their behalf,
one was reinstated even though he lied during the City's
investigation into his time theft!
In
Canadian Union of Public Employees, Local 109 v
Kingston (City) 2016 CanLII 19081(ON LA), two
arena operators, Mr. Loyst and Mr. Dervenis, were quite similar in
some ways. They were both 50 years old at the time of their
terminations, and were both long service employees of 18 and 16
years, respectively. Also, they both had a habit of leaving work
early contrary to the specific and express instructions of their
employer.
In 2015, the City received a complaint from a customer that no
arena operators were able to be contacted during operating hours.
The City determined that it would investigate whether its employees
were engaging in time theft by overstaying breaks or leaving work
early. It obtained video evidence over a 14 day period, and
