You make the call
This instalment of You Make the Call features a hotel employee who was fired for multiple instances of being late — while at the same time he was trying to unionize the hotel’s staff.
Aaron Doncaster was hired in November 2016 to be a dishwasher at the Hilton Garden Inn and Homewood Suites in Calgary. At his orientation, he was told the hotel followed a progressive discipline policy and discipline was used to correct problems, not as punishment.
Doncaster had a history of being involved with unions and union organizing and was a member of the International Alliance of Theatrical Stage Employees (IATSE) because he had worked at concert venues — he even had a tattoo of the IATSE logo with the phrase “union power” on his arm.
Doncaster started working evening shifts, but in July 2017 he was moved to morning shifts. Soon after, he began having issues with punctuality, which the hotel’s executive chef mentioned to the hotel’s new general manager. The general manager told the executive chef to begin documenting Doncaster’s absences.
In August, Doncaster contacted the local branch of the Union of Food and Commercial Workers (UFCW) about starting a certification campaign at the hotel, as he had met with some of the employees and found some interest. At the beginning of September, Doncaster and two other organizers began a campaign among hotel employees.
Over the course of the next few weeks, Doncaster met with employees in the staff room or outside of work so he could keep the campaign hidden from management for as long as possible.
In early September, Doncaster asked the executive chef for time off to attend a barbecue sponsored by UFCW on Labour Day. The executive chef said unions were the “scum of the earth” and there was no place for them in the hospitality industry. Doncaster said nothing about his organizing efforts.
Doncaster was 24 minutes late for his shift on Sept. 3. When he was late again on Sept. 8 and 9, the executive chef informed the general manager, who told him to write up Doncaster. The chef also said Doncaster was a “loose cannon” who was frequently protesting things. Doncaster was issued the written warning for tardiness on Sept. 10, which stated the next occurrence would result in “suspension and/or termination.”
Doncaster was almost one hour late on both Sept. 16 and 17, which he protested because he claimed the executive chef had changed the start time of his shifts — this often happened the day before a shift. However, there was no record of those shifts being changed and the executive chef said he wasn’t 100 per cent sure that he hadn't changed the shifts.
On Sept. 19, another employee texted Doncaster stating management was aware of the union organizing campaign. Around the same time, the general manager audited Doncaster’s attendance and discovered he had been late a total of six times between Sept. 3 and 17.
On Sept. 21, the hotel terminated Doncaster’s employment for arriving late after receiving a written warning. The termination letter referred to his tardiness on Sept. 9 and 10 and the general manager verbally mentioned Sept. 16 and 17. Doncaster argued his start time sometimes changed, but management said it wouldn’t be changed by only 15 minutes. He also asked if there were any other reasons for his dismissal, to which management said there were none.
After Doncaster was dismissed, most of the hotel employees lost interest in joining UFCW and the union didn’t receive the 40 per cent support required to file for certification.
You Make the Call
Was Doncaster’s tardiness just cause for dismissal?
OR
Was Doncaster wrongfully dismissed because of his union organizing efforts?
If you said Doncaster was wrongfully dismissed because of his union organizing efforts, you’re right. The board found the hotel didn’t follow its own progressive discipline policy — it provided one written warning for being late on Sept. 9 and 10, but his termination letter gave those dates as reason for termination. In addition, though the general manager mentioned Sept. 16 and 17 as dates Doncaster was late, there appeared to be some confusion over whether his shift was actually changed — and those dates weren’t in the termination letter anyway.
The board found the hotel didn’t provide a reasonable explanation for Doncaster’s dismissal and, since it came during the union organizing campaign, one could conclude union activities were a factor — especially since management was already aware of Doncaster’s pro-union bent. Even though Doncaster tried to keep the campaign from management, he was informed that management had become aware of it.
The board determined the hotel failed to establish tardiness as just cause to dismiss Doncaster and his union organizing activities were likely a factor in the dismissal. See UFCW, Local 401 and Widewaters Calgary Hotel Management Co., ULC, Re, 2018 CarswellAlta 237 (Alta. Lab. Rel. Bd.).
