Shipping company workers unload on each other

You make the call
|Canadian Employment Law Today|Last Updated: 01/09/2019

This instalment of You Make the Call features a truck driver who was fired after a physical altercation with a co-worker.

Loomis Express, a shipping company, employed Daniel Araia as an “owner operator” in its Southern Alberta region since 2007. As an owner operator, Araia drove a truck carrying freight for Loomis but owned his own truck. He had no discipline on his record.

On Aug. 25, 2017, Araia was loading his truck with freight to deliver at a Loomis warehouse. A warehouse employee was bringing the freight to the truck so Araia could load it onboard. However, at one point the warehouse employee placed Araia’s freight directly on the floor, contrary to regular practice — the freight was supposed to be delivered to the truck on skids, which are removed after the freight is loaded to make room for more loading.