Aircraft Fueller’s Vehicle Accident Was Final Straw

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An employer fired an aircraft fueller who had a long record of safety infractions and other violations after he got into a motor vehicle accident. The union argued that termination was excessive. The arbitrator disagreed. The aircraft fueller occupied a safety sensitive position without direct supervision. The employer had given him ample time and opportunity to show he could do the job safely. But his record was full of repeated violations, a number of which raised safety issues. And given the latest accident, the employer was justified in believing that progressive discipline wouldn’t correct his behaviour, concluded the arbitrator [Servisair Inc. (Globeground Fuel Services) v. Public Service Alliance of Canada (Espinoza Grievance), [2011] C.L.A.D. No. 50, March 3, 2011].