Arbitrator placed some blame on company
A worker in Air Canada’s revenue department admitted to using company-issued calling cards to phone Jamaica 101 times over a two-year period.
Air Canada purchased the calling cards for customers to use during times of travel disruption, so they could contact family members or friends to advise them of changed plans.
Each card held 15 minutes of calling time and customer sales and service agents were directed to hand them out to customers when warranted.
Claudine Solomon had a 20-year career with the company and a perfect disciplinary record. However, on Oct. 13, 2016, she admitted to using the cards to make multiple calls to her dying father, who subsequently died.
Solomon was suspended, pending discharge, on Oct. 18.
The union, Unifor Local 2002, grieved the decision arguing it was far too harsh considering her long service with the company and her immediate apology when first questioned about it.
During the arbitration hearing, Solomon expressed regret about her actions and again apologized to Air Canada. She said the incident caused her great embarrassment within her family, who had been unaware of it.
Air Canada countered and said the unauthorized use of the cards over a two-year period constituted theft on a repeated basis and violated the position of trust the employee previously held with the company.
It also created a breach of the company’s code of conduct.
Arbitrator James Hayes placed some of the blame for the incident in Air Canada’s lap. “It appears that the company’s casual distribution of the calling cards led Solomon to rationalize that use of such cards was somehow acceptable given their minimal value.”
The grievance was upheld and Solomon was ordered reinstated without loss of seniority but with a suspension without pay from Oct. 18, 2016, to Jan. 13, 2017.
“I am satisfied that the remorse expressed at the hearing was genuine. Solomon’s admission of wrongdoing came, immediately, at the time of an investigation meeting called without notice to her of its purpose. She apologized then, and at the hearing, to the company,” said Hayes.
But the decision was not made lightly, said Hayes. “I am persuaded that Solomon should be given the opportunity to redeem herself with Air Canada. I should emphasize that this was not an easy call to make particularly given the duration of the calling card misuse. It will be up to Solomon to demonstrate that she is worthy of the second chance that is provided here.”
“Loss of income for a lengthy period, in the typical case where alternative employment has not been secured, imparts a powerful lesson by itself,” said Hayes.
Reference: Air Canada and Unifor, Local 2002. James Hayes — arbitrator. James Waddell, Joanna MacMillan, Karn Parmarfor the employer. Frances Galambosy, Janet Williams, Lucy Alessio for the employee. Dec. 19, 2016.
