Worker didn't think misconduct was serious but he was a trainer who set the tone for new hires
A British Columbia employer has been ordered by an arbitrator to reinstate a worker who was dismissed for a serious safety violation.
Darcy McVeigh, 24, worked for Teck Coal, a mining company based in Vancouver. McVeigh drove large haul trucks carrying mining materials and also trained new employees.
On May 4, 2010, McVeigh was riding in a haul truck while a new employee he was training was driving. They were driving with two other haul trucks behind them. They came upon a grader coming from the other direction and McVeigh saw a friend inside. In “spur-of-the-moment” decision, McVeigh undid his seatbelt, opened the passenger-side door of the haul truck and stepped onto the deck outside with one foot. While holding onto the door frame, McVeigh tossed an apple core across the road towards the grader. The core missed and McVeigh got back inside.
The driver of the truck directly behind them saw the incident and reported it to the foreman, who called a meeting with McVeigh. McVeigh admitted his actions, though he disputed the other driver’s claim that he leaned in front of the windshield.
Teck was concerned about the incident, as safety was a high priority for the company. Employees received safety orientation when they started, and Teck emphasized safety in regular crew meetings and training programs.
Teck began an investigation and interviewed McVeigh. McVeigh acknowledged what he did, but said he didn’t think it was serious and he “did it for a chuckle.” He couldn’t explain why he did it, it was a spontaneous action. The company found his conduct violated its safety policies and the safety of him and the trainee. When asked if he had anything to add, McVeigh said no.
Other employees who saw the incident were interviewed and they corroborated the story. Teck felt McVeigh’s behaviour was a “blatant violation of policy” and since he was entrusted to do training, it was even more serious. It also felt McVeigh didn’t show remorse and didn’t seem to grasp the seriousness of the situation. McVeigh had less than two years of service, so Teck decided to terminate his employment, despite a good record up to that point, as of May 5, 2010.
A month later, the union told Teck McVeigh understood the seriousness of his actions and asked for reinstatement.
The arbitrator found McVeigh took a risk, as haul trucks were large pieces of equipment that presented a dangerous situation and could intimidate trainees. McVeigh’s duty was to set a safety example and he failed.
However, the company’s zero tolerance for horseplay and safety violations didn’t mean dismissal was the only course of action available, said the arbitrator. McVeigh had a spotless record to the point where he was found suitable to train employees. Though he didn’t immediately acknowledge the seriousness of his misconduct, he later apologized to the company.
