Worker believed wildfire caused process change
During the May 2016 wildfire around Fort McMurray, Alta., a production technician was told to leave earlier than usual due to a partial shut-down of the Suncor Firebag site.
On May 3, the plant — which was located northeast of the city — went into “safe mode” due to decreased oil production around the area. K.Z., who had worked for the company for eight years, was told to go home on May 7, which was two days earlier than the end of his regular shift.
K.Z. lived in Saskatchewan (about 700 kilometres away) and he flew home that morning as the smoke was too dense to work.
However, on May 15, Gary Newton, operations supervisor, called K.Z. at night and advised him to come into work the following morning. K.Z. called Newton back and said he didn’t see a flight arrangement made for him on the company web site and in any case, it was too late for him to get to Firebag the next day.
The following morning, K.Z. called in sick and he texted Kevin Phillips, shift supervisor, to inform him he couldn’t make it in to work. Phillips eventually responded with: “K take care.”
When K.Z. returned to work on May 30, he was asked by Rick Babb, shift supervisor, why he hadn’t contacted integrated disability management (IDM), which was the usual process when calling in sick.
K.Z. said he thought the process had changed due to the wildfire and he wasn’t told by a supervisor to contact IDM, which was the standard procedure.
On June 3, he spoke to a representative from IDM and said he didn’t seek any medical attention while he was off from May 16 to 23. On June 8, Leanne Baker, adjudicator of STD benefits, advised K.Z. that he wasn’t eligible to be paid the week he was off because “you did not seek medical attention to report or address these symptoms.”
As a result, K.Z. was called into an investigation meeting on June 14.
K.Z. said he may have advised the Morneau Shepell intake caller on May 16, that he was off that week due to “personal emergency (fire — town evacuated),” but he was feeling sick as well and had a wisdom tooth removed, which included K.Z. being prescribed opioid painkillers.
Because the intake caller heard he was evacuated, she didn’t continue with the prescribed script for sick workers, so he wasn’t told to contact IDM and make a claim.
But on July 20, K.Z. was fired via letter. “It has been determined that you were repeatedly dishonest throughout the investigation process. Additionally, we found you to have fraudulently applied for sick leave under our Integrated Disability Management program.”
Arbitrator Francis Price upheld the grievance and ordered the employer to reinstate K.Z.
“(K.Z.) did not give just cause for any form of discipline arising out of the events in this case, based on the employer’s grounds for the termination of repeated dishonesty and fraudulently applying for sick leave," said Price. "I find that no discipline was warranted.”
A large part of the blame for the misunderstanding was placed on the third party who administered the call-in line for sickness, he said.
“Indeed, the agent did not ask (K.Z.) the reason for his absence, but simply put (K.Z.) ‘off’ for the set unless he was called back earlier (which he was not). At this point, the basis for (K.Z.) absence changed, not because of a change of intent by (K.Z.), but because of the response of the Morneau Shepell intake agent, who switched to the new ‘Fort McMurray fires’ scripting. There was no indication in the absence report of (K.Z.) sickness or inability to perform work.”
Reference: Suncor Energy and Unifor, Local 707-A. Francis Price — arbitrator. Will Cascadden for the employer. Drew Blaikie for the employee. Feb. 28, 2018. 2018 CarswellAlta 379
