Phobia claim 'does not pass muster': Arbitrator
Even though it wasn’t a requirement when he was first hired, a ramp agent’s failure to obtain his Airport Vehicle Operations Permit (AVOP) led to his dismissal.
Jason McCanna had worked at the Ottawa Macdonald-Cartier International Airport since Aug. 21, 2012, when he was hired by Dryden Air Services, one of the predecessors of his latest employer, ASIG Ground Handling Canada.
As an agent, McCanna’s job included moving ramp vehicles around on the airport tarmac. In addition to the AVOP, an agent was required to hold a valid Ontario or Quebec driver’s licence.
In March 2015, the employer hired a trainer to educate a supervisor who would train seven agents on how to obtain an AVOP. McCanna, however, did not hold a G1 licence, so he was not part of the initial group trained.
In June 2015, McCanna was directed to shadow the supervisor and begin informal training. He was also ordered to obtain his G2 licence, so he could eventually take the AVOP course. McCanna agreed to this and a meeting to discuss his progress was scheduled for Sept. 15.
The meeting was not completed until Dec. 21, when McCanna told Doug Brown, station manager for ground handling, that he was enrolled in driving lessons and he expected to complete them by January 2016.
When they met on Jan. 27, McCanna told Brown he lost his G1 licence, probably due to it falling out of his pocket, and he would need more time to replace it before obtaining the G2 status. He also said he had run out of funds to finish the driver’s training.
In July 2016, the 12-month deadline had passed for all employees to hold the AVOP. McCanna was given a final deadline of Aug. 31 to obtain the required certification.
On Sept. 8, he was terminated for not holding the proper licence.
McCanna visited a doctor after his firing and told the doctor he most likely had a fear of driving. The doctor wrote a letter that said: “Jason has a phobia of driving that has been longstanding and severe.”
The union, International Association of Machinists and Aerospace Workers, grieved the termination and argued the company did not discuss “exceptional circumstances” which would allow the employee to explain why he didn’t complete the training, as was called for in the collective agreement.
Because he was not required to have a licence when he was hired, the company didn’t treat McCanna fairly by not offering him work in other areas that did not require licencing, such as the bag room, according to the union.
As well, McCanna was close to achieving the licence and was in the process of rescheduling a new appointment, after he failed in his first attempt, said the union.
Arbitrator Sydney Baxter disagreed and dismissed the grievance.
“It is my view that McCanna’s claim of having a phobia of driving just does not pass muster,” said Baxter. “He admitted that he had driven a car in the past. He said he had paid a tutor $20 an hour to assist him in preparing for his driver’s test. However, he failed to complete the course because he ran out of money.”
The importance of the doctor’s note was rejected by the arbitrator. “What was submitted into evidence was nothing more that McCanna’s subjective report to his physician and his physician acting as advocate for his patient, in providing a one-line diagnosis.”
The company was not informed of a true phobia so accommodation was not called for, said Baxter. “McCanna admitted that he did not inform Brown or any of his superiors during his time of employment with the company about having a phobia of driving a car. He said that he told Brown about being nervous with reference to his driving test. I have no doubt that most people, myself included, experience anxiety and nervousness prior to being examined, be it for a driver’s test or a history test in high school.”
Reference: ASIG Ground Handling Canada and International Association of Machinists and Aerospace Workers. Sydney Baxter — arbitrator. Kristin Taylor for the employer. Michael Corrado for the employee. April 3, 2017.
