Termination excessive for safety violation

The grievor had recently been disciplined for failing to use proper safety equipment. On the final occasion, he was terminated. The employer considered it a culminating incident. The arbitrator found that, due to his age, length of service and undisclosed disability, a demotion was the proper outcome.

A worker was fired for failure to wear personal protective equipment while handling toxic substances. The employer said the safety violation was a culminating incident. The union argued that termination was excessive.

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