No need for warnings before firing worker on ‘last chance’ agreement

Worker claimed personal problems affected his performance
|Canadian Employment Law Today|Last Updated: 08/22/2013

An arbitrator has upheld the termination of a troubled worker who was on his second “last chance” agreement.

The worker was employed with GE Hitachi Nuclear Energy Canada, an energy technology company. He was considered a hard worker, but he had problems with insubordinate and threatening behaviour, as well as attendance issues and other misconduct, for which he was disciplined multiple times to the point where GE drew up a last chance agreement.

In July 2011, the worker’s employment was terminated for “gross insubordination and threatening behaviour to his manager, which violated the last chance agreement. However, the union grieved the termination and negotiations led to another last chance agreement, which was signed on June 12, 2012. It was agreed GE had just cause to dismiss the worker, but they came to an agreement to allow for his reinstatement for one last chance.