Booze on the breath doesn’t warrant firing

Sending transit worker home was reasonable, termination was not: Arbitrator
|Canadian HR Reporter|Last Updated: 08/14/2012

A Toronto transit employee who was fired after supervisors smelled alcohol on his breath at work has been reinstated by an arbitrator.

Mark McIlroy, 36, was a spare, non-clerical employee at the Toronto Transit Commission (TTC) who was hired in 2005. He was a part-time worker who performed the duties of several jobs, depending on what work was available on a day-to-day basis.

On May 4, 2010, McIlroy was scheduled to be a ticket agent order driver, which involved driving around the city distributing transit tickets, tokens and passes to stores and other vendors who sold the items.