Offensive language violated last-chance agreement
After being accused of using offensive language with a supervisor, and violating a last-chance agreement, an employee at a Lilydale facility in Saskatchewan was fired.
Jason Yaremko, a 41-year-old employee since 1997, worked in the live-hanging chicken position until he was fired in November of 2014.
Before the incident that led to his termination, Yaremko had a long history of discipline at the company, including several suspensions and verbal and written warnings. That led to a last-chance agreement between him and the employer.
On the shift during which Yaremko was fired, the workers had been forced into overtime because of mechanical issues. Crates had been getting stuck in the conveyor and Yaremko was pushing them along, to help feed them through.
His supervisor asked whether he needed any help and the grievor reportedly replied, "This is my job — leave."
When the supervisor told him not to speak to him in that manner, Yaremko repeated, "I don’t give a fuck — it’s my job."
Yaremko denies that he swore or was angry, though he conceded he was frustrated that day because there was no coffee break or rotation that particular shift.
The Wholesale and Department Store Union said Yaremko was distraught following termination — he saw a doctor, was prescribed medication for depression and attended counselling for two months.
He said he had not been able to find work elsewhere.
Based on the employer’s evidence — particularly an email detailing the incident from the supervisor — arbitrator William Hood leaned towards the employer’s version of events. Thus, the actions on that day constituted a breach of the last-chance agreement.
Yaremko had agreed to refrain from "engaging in any type of physical confrontation with Sofina Foods employees; using derogatory, offensive or otherwise inappropriate language towards employees of Sofina Foods."
Therefore, the grievance was dismissed.
"The misconduct on the date in question was precisely the inappropriate behaviour contemplated in the last-chance agreement as being the baseline for the last chance," Hood said.
Reference: Lilydale Inc., and the Retail, Wholesale and Department Store Union Local S-955. Crystal Norbeck for the union, Keith Murray for the employer. William Hood — arbitrator. Sept. 14, 2015.
