Sanimax EEI inc. v. National Automobile, Aerospace, Transportation and General Workers of Canada (CAW-Canada), AZ-50910180 (T.A.), June 21, 2012 decision.
The complainant had held a position as a truck driver with the employer since November, 2004. During their work day, drivers were entitled to two thirty-minute break periods. During the performance of his duties, the complainant was generally alone in his truck and scheduled his own break periods.
On August 5, 2011, the complainant was suspended without pay pending an investigation. During the course of its investigation, the employer imposed a disciplinary suspension on the complainant for having extended his break time on two occasions during the same week, for periods respectively of 21 and 18 minutes. The complainant filed two grievances, challenging the suspension pending investigation and the disciplinary suspension.
The arbitrator dismissed the grievances. Firstly, the arbitrator ruled that an employer is entitled to impose a suspension without pay pending investigation provided the employer is acting in good faith, that the suspension is temporary and for a reasonable time period and that the employer has reasonable grounds to believe that the trust relationship has been compromised. In the present case, the alleged fault of the complainant was serious and management was entitled to believe that the trust relationship may have been compromised. Under such circumstances, the administrative suspension without pay was reasonable. The disciplinary suspension was also justified. Since the complainant enjoyed considerable autonomy in the performance of his duties, he was under a commensurate duty to act in accordance with the trust vested in him by his employer.
