Troubles began after previous human rights decision
After management changes in a B.C. sawmill, a labourer behaved in an insubordinate manner towards his superiors.
Mander Sohal began working at the Interfor sawmill in Surrey-Delta, B.C., in 1998 in a variety of different positions. He filed a human rights complaint in 2008 against the company’s personal protective equipment policy, which mandated all workers must wear a hard hat.
As a Sikh, Sohal wore a turban that made it difficult to properly fit the hardhat over it. As part of the settlement, the company created a receiver utility position so Sohal could continue working without a helmet.
In his new position, Sohal was required to “clean-up or perform other duties as required,” according to the job description.
Chad Eisner, mill manager, started in March 2015 and determined changes had to be made with respect to Sohal’s responsibilities. He claimed that 90 per cent of the worked Sohal performed was not meaningful.
Eisner also felt the mill’s safety record needed to be improved and he observed many workers were not wearing protective eye-wear 100 per cent of the time. He testified he ordered Sohal to put on his glasses three times in June. Sohal complied but only after complaining about it.
On July 6, a meeting was held so that management could reiterate to Sohal about his duties. But various disagreements broke out between Sohal and Albert Lum, shipping supervisor, about what was expected.
He was suspended for three days in July for various insubordinations and for being dishonest about a back injury.
On July 15, Sohal again complained of back pain and after seeing a doctor, booked off work until July 29. When he returned, he was given a modified-work plan.
During the discussions about the plan, he disagreed with Lum when he was told he had to pick up garbage outside the plant. He refused to sign and was sent home.
He was given a five-day suspension in August again for insubordination. Sohal eventually went on stress leave. He said that as a baptized Sikh he cannot touch drugs in any way, which included cigarette butts.
Sohal took more time off due to injury in August and he was reprimanded for not providing them with enough medical information.
Numerous attempts to reach Sohal were unsuccessful. On Nov. 13 he attended a meeting to discuss a return to work.
A final letter was sent Dec. 2 that advised Sohal if he couldn’t provide the proper medical documentation, he would be considered AWOL and terminated.
When that documentation failed to arrive, Sohal was fired during a Dec. 9 meeting. A report from the doctor arrived the next day, but the company was unmoved in its position.
The union, United Steelworkers, Local 2009, grieved the dismissal.
Arbitrator Julie Nichols upheld the grievance and ordered Sohal reinstated but with a six-month suspension to replace the termination.
“Sohal requires a consistent and unambiguous message that his behaviour and uncooperative attitude must stop. The workplace is not an arena for debate. He has had the benefit of significant progressive discipline and the message should now be unmistakable. While this relationship is salvageable, it is important to enforce the severity of his circumstances. It should be clear that further misconduct puts his employment at risk,” said Nichols.
“Sohal’s tenacious reluctance and refusal to follow directions, to cooperate and to willingly comply with reasonable expectations was improper. His insubordination continued into the fall of 2015 when he failed to respond to and communicate with Interfor as required. However, I find that the damage to the employment relationship is not beyond repair.”
Reference: International Forest Products and United Steelworkers’ Union, Local 2009. Julie Nichols — arbitrator. Gregory Heywood for the employer. Sean Ball for the employee. Jan. 30, 2017.
