B.C. bus operator fired after secretly going to India

Whistler Transit, a transportation company in British Columbia, dismissed bus operator Baljit Nagra for abandoning his position — and going to India, a decision upheld by an arbitrator.

Whistler Transit has a seasonal contract with the provincial government and provides transportation during peak ski and snowboard season. Employees are expected to follow a schedule based on a call-in and assignment rubric.

A problem arose when Nagra applied for vacation leave, but was informed by a supervisor he must be available for work beginning Dec. 7. Both parties agreed.

However, when he was called for shifts between Dec. 9 and Dec. 13, Nagra was not available. After leaving several voicemails, he reached out to his supervisors and informed them he was sick.

He was told he was assigned a shift for the following day and then informed his supervisor he was in India visiting his parents.

He did not return until Dec. 26, and was subsequently fired.

Nagra said he had gone to India, as he had scheduled his vacation, but then became ill and had to stay at a hospital in a village near his parents’ house, which had insufficient cellphone service.

According to the union, the termination was excessive and unwarranted. Unifor called the situation a planning and communication breakdown.

"This was not a pleasure trip but a family responsibility embarked upon after sorting out competing and conflicting demands of his parents and his family," the union argued.

"While Nagra was guarded with information and not completely forthright with the employer, he was not deceitful about his plans, his travel or his illness. He returned as soon as he was able to travel."

But Whistler Transit disagreed, calling Nagra’s story farfetched. And even if the story was accurate, the employee could have been more forthcoming.

"All operators know they must be available for work on all days if they are spare board operators. The employer cannot operate if operators take time off as they wish and schemes to take time off as they wish cannot be tolerated," the transportation company said during the hearing.

Arbitrator James Dorsey agreed with Whistler Transit and concluded Nagra was dishonest when planning the trip.

"I find it was not an illness, but a deliberate plan that was the reason for Nagra’s failure to be available for work on Dec. 9 and during that week," Dorsey said in his decision.