A probationary worker was fired for abusing rest and lunch breaks and constantly texting and checking texts on his cell phone in violation of company policy. The arbitrator concluded that the company had properly fired the worker. His supervisor had repeatedly warned him about using his cell phone while working and abusing his breaks. And his formal evaluation indicated these areas of concern. But the worker’s behaviour didn’t improve. Thus, it was appropriate for the company to conclude that, on a balance of probabilities, the worker wasn’t suitable for the position [Canadian Union of Public Employees Local 726 v. City of Estevan,  CanLII 11357 (SK L.A.), March 8, 2011].