OK to Fire Truck Driver for Four Infractions in a Year

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An employer fired a truck driver for cause after five separate infractions over about one year, including failing a safety inspection and speeding. An arbitrator upheld his dismissal. The employer’s industry was highly regulated and safety-sensitive. The driver’s efforts to downplay his infractions wasn’t convincing. Four of the five incidents warranted some form of discipline. He’d been warned that his performance was unsatisfactory and that he could be fired for further infractions. And the employer didn’t condone his violations. Thus, the employer had just cause to fire the driver, concluded the arbitrator [Reale v. Light Speed Logictics Inc., [2015] C.L.A.D. No. 189, Aug. 11, 2015].