Welder’s employment relationship breaks loose

Failed to follow instructions; felt his way was better
|Canadian Employment Law Today|Last Updated: 12/12/2012

This instalment of You Make the Call involves a welder who disagreed with the instructions he received from a supervisor.

Edmar Rosario, 45, was a journeyman welder for SMS Equipment, a supplier of forestry, mining and construction equipment in Fort McMurray, Alta. Hired in 2008, Rosario received a written warning two years later for not complying with company safety standards, as well as two verbal warnings for safety issues, and a written warning in January 2011 for failing to follow notification procedure for an absence. Rosario was also suspended for three days twice, once for not working when he should have been and once for starting up equipment with the locks on. The last suspension came with a warning that further misconduct would lead to dismissal.

A couple of weeks after the last suspension, on June 29, 2011, two supervisors examined Rosario’s welding as he was working on a piece of a dump truck. They noticed he was doing it incorrectly, and explained the correct procedure.