‘Creative’ discipline not related to offence

The employer had sufficient grounds to terminate the grievor, who had been careless and damaged company property. However, in cutting him a break, they fashioned discipline that was not reasonably related to his offence. The arbitrator varied the penalty to make it more appropriate.

After crashing a subway train through a garage door at the maintenance yard, a transit worker was suspended for five days, demoted and banned from driving any company vehicles for five years. The union grieved, arguing the driving ban was excessively punitive.

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