Written by Daniel Standing LL.B., Editor, First Reference Inc.
The 2019 British Columbia labour arbitration decision regarding BC Hydro and Power Authority and IBEW, Local 258 (Vanegas), Re (2019 CarswellBC 4126), considered the case where a worker with a history of poor behaviour had an outburst in a fact-finding meeting. This culminating incident led to his dismissal. The arbitrator’s decision demonstrates the traditional analysis that takes place in disciplinary cases with a consideration for various aggravating and mitigating factors. In this case, despite the worker’s poor record and lack of remorse, several compelling mitigating factors convinced the arbitrator to substitute . . . [more]