Various Safety & Other Infractions Culminate in Foreman’s Firing

After being disciplined for various infractions, including violating safety rules, an employer finally fired a crew foreman. He sued. An arbitrator noted that the foreman was fired after failing to fill out driver daily log sheets. At the time, the employer properly considered his entire disciplinary record, which included failing to wear hardhats, safety goggles and fall protection when required. Because he was a foreman in what can be regarded as a safety-sensitive position, he was responsible for adhering to health and safety standards both for himself and his crew members, noted the arbitrator. Thus, there was just cause for his termination [Oberle v. Schindler Abroyd Inc., [2013] C.L.A.D. No. 32, Jan. 30, 2013].