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Dentons’ Employment and Labour Seminar

You are invited to the Dentons’ Labour, Employment and Pensions group half-day seminar on emerging workplace and human resources issues. Join us on May 31st at this complimentary seminar to discuss topics such as:

Please confirm your attendance and select your seminars by Monday, May 27, 2019.

CHRP accreditation

This program may be eligible for recertification points.

CPD accreditation

This program may be eligible for substantive hours required by the Law Society of Ontario.

Agenda

8:30 a.m.Registration and breakfast
8:50 a.m.–9:55 a.m.Opening remarks and guest speaker to give an update on drug and alcohol testing 
10:10 a.m.–12:40 p.m.Breakout sessions
12:40 p.m.Lunch and networking

Questions

Please contact Melis Dimitriou, Client Development Coordinator, Events at melis.dimitriou@dentons.com or +1 416 361 2336.

Dentons Canada LLP is committed to accessibility for persons with disabilities. Please contact us at toronto.events@dentons.com in advance of the event if you have any particular accommodation requirements. We will work with you to make appropriate arrangements.

Register Now

Dentons’ Employment and Labour Seminar

Employment and labour law trends to watch for in 2019

Date: January 17, 2019
Time: 9-10 a.m. PT,  10-11 a.m. MT, 12-1 p.m. ET

Join us for a complimentary 1 hour webinar where we’ll highlight and identify the changes in Employment and Labour law that you need to know about and the trends that can be expected to impact your workplace in 2019.

Topics will include:

  • A roundup on the big changes to workplace legislation across the country
  • US Immigration and cross-border travel in light of the legalization of cannabis in Canada

Please confirm your attendance by Tuesday, January 15, 2019.

CPD/CLE Accreditation

LSBC: This session will be registered for 1 hour of CPD credit with the Law Society of British Columbia.
LSO: This program is eligible for up to 1 substantive hour with the Law Society of Ontario.

Barreau du Québec: This program will allow participants to earn 1 CLE hour with the Barreau du Québec.

This session is only available via webinar

Speakers

Questions

Please contact Carla Vasquez, Events Manager, at carla.vasquez@dentons.com or +1 416 361 2377.

Dentons Canada LLP is committed to accessibility for persons with disabilities. Please contact us at toronto.events@dentons.com in advance of the event if you have any particular accommodation requirements. We will work with you to make appropriate arrangements.

Employment and labour law trends to watch for in 2019

The More Things Change… Ford Government Rolls Back Bill 148

On November 21, 2018, Bill 47—the Making Ontario Open for Business Act, 2018—received royal assent. Bill 47 makes numerous amendments to the Ontario Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), and the Ontario College of Trades and Apprenticeship Act, 2009. As outlined earlier, Bill 47 revisits the previous Liberal government’s labour reforms included in Bill 148 and eliminates many of its most controversial aspects.

The effective dates of the changes as outlined in Bill 47 are as follows:

  • The majority of changes with respect to the ESA come into force on January 1, 2019.
  • The changes with respect to the LRA came into force upon royal assent (November 21, 2019).

A summary of some of the significant changes is provided below.

EMPLOYMENT STANDARDS ACT, 2000

  • The scheduled minimum wage increase effective January 1, 2019 is cancelled. The $14.00/hr minimum wage will be maintained and will be re-indexed beginning in October 2020.
  • Equal pay for equal work will be removed on the basis of employment status and assignment employee status. However, the requirement for equal pay on the basis of sex will be maintained.
  • The 2 paid personal emergency leave days will be removed. Personal emergency leave days will be provided up to 8 unpaid days consisting of up to 3 days for personal illness, 3 days for family responsibility, and 2 days for bereavement. Employers will not be prohibited from asking for a certificate from a qualified health practitioner as evidence to support the request for personal emergency leave days.
  • For employees who regularly work more than 3 hours per day but attend work and thereafter work less than 3 hours, the employer will be required to pay wages equivalent to 3 hours of pay.
  • The new scheduling and on-call provisions will be revoked.
  • The reverse onus on employers regarding independent contractors will be repealed.

LABOUR RELATIONS ACT, 1995

  • The ability for trade unions to apply, when there is no certified bargaining agent for the employees, for an order requiring an employer to provide the trade union a list of all employees is revoked. Any applications under this section are immediately terminated and trade unions must destroy any employee lists they have received.
  • The Ontario Labour Relations Board is no longer required to certify a trade union for certain employer contraventions of the LRA.
  • The ability of the Ontario Labour Relations Board to review the structure of bargaining units and grant certain orders in certain circumstances is repealed.
  • The expansion of automatic, card-based certification for industries outside of construction is revoked.
  • Educational support in the practice of labour relations and collective bargaining is revoked.
  • The new first contract arbitration provisions are reversed.
  • Collective agreements will now be publically available on the Government of Ontario website.
  • The increase in fines for convictions under the LRA is reversed.
  • New methods of delivering notices and communications under the LRA are contemplated and corresponding presumptions with respect to receipt of these communications are included in the LRA.

Bill 47 did not repeal the increased vacation benefits nor the new leaves of absence (i.e. Child Death and Domestic or Sexual Violence Leave) which were introduced by Bill 148. Nonetheless, employers throughout the province will likely welcome these amendments which will help eliminate some of the uncertainty that was introduced along with Bill 148.

For those interested, the Ontario Minister of Labour, Laurie Scott, will be the keynote speaker at Dentons Canada LLP’s upcoming Labour, Employment and Pensions seminar on Friday, November 30. For more information regarding the seminar, please click here.

The More Things Change… Ford Government Rolls Back Bill 148

WSIB’s New Rate Framework For Employers

Following policy consultations that took place from August 14, 2017 to January 15, 2018, the Workplace Safety and Insurance Board (WSIB or the Board) announced its new rate framework for employers. This framework will replace current WSIB policies on classification structure, rate setting, and retroactive experience rating on January 1, 2020. As such, employers should take note that there may be a change to how their business is classified and how premium rates are set as of January 1, 2020.

The new framework introduces six (6) core policies to replace the current thirteen (13) that make up the present system.  Notably, the new Employer Level Premium Rate Setting policy replaces current policies on the Merit Adjustment Premium Program, the Construction Industry Plan, and the New Experimental Experience Rating Plan (NEER). In preparing for the new system, employers should note that the severity of workplace accidents (as affected by the length of time that injured employees spend away from work) will become increasingly important for setting premium rates.

According to the Board, the new framework will be simpler and much easier for employers to understand. Additionally, the Board states that the new framework promises predictability and a more accurate reflection of the level of risk that individual employers and industries bring to the system. Under the new model, the WSIB limits an employer’s potential rate increase to a maximum of three risk bands per year. Employers will also be able to access their projected premium rates for future years. Additionally, the rate setting window used to set premium rates has been extended from three (3) or four (4) years to six (6) years. This change will reduce the impact that a single year has on an employer’s premium rate.

Every business registered with the WSIB should receive a letter about premium rates under the new framework later this year. More information on the upcoming rate framework changes can be found here.

Also co-authored by Jessica Hardy-Henry.

WSIB’s New Rate Framework For Employers

Going, Going, (Mostly) Gone: Ontario Conservative Government Announces Targeted Rollback of Bill 148 Amendments to the Ontario Employment Standards Act and the Ontario Labour Relations Act

Earlier today, Premier Doug Ford followed through on his promise to revisit the previous Liberal government’s labour reforms by introducing legislation that eliminates many of the most controversial aspects of Bill 148. The changes include:

  • Minimum wage increase to $15.00/hr effective January 1, 2019 is cancelled – the existing minimum wage of $14.00/hr will be maintained and will be re-indexed starting in October 2020;
  • 2 paid emergency leave days will be removed – personal emergency leave days will now be 8 days consisting of up to three days for personal illness, two days for bereavement, and three days for family responsibilities;
  • The ban on employers requesting doctor’s notes is removed – employers will be able to ask for reasonable evidence from qualified health practitioners in support of an employee’s request for personal emergency leave days;
  • Equal pay for equal work will be removed, on the basis of employment status and assignment employee status. However, the requirement for equal pay on the basis of sex will be maintained.
  • The new scheduling and on-call provisions will be revoked;
  • The reverse onus provision regarding independent contractors will be revoked;
  • The expansion of the automatic card based certification for industries outside of construction will be revoked;
  • The 20% threshold for unions to apply for employee information is gone;
  • The new first contract arbitration provisions will be reversed; and
  • The doubling of fines under the Ontario Employment Standards Act, 2000 will be reversed.

That said, the new legislation preserves employees’ entitlements to the previously announced enhanced vacation benefits as well as the new leaves of absence (i.e. Child Death and Domestic or Sexual Violence Leave).

These changes are likely to be welcomed by employers across the province. In particular, the return to the pre-Bill 148 position on personal emergency leave and scheduling will eliminate a great amount of uncertainty amongst employers. We will be following the progress of this legislation closely and will be providing regular updates as the Bill progresses.

Going, Going, (Mostly) Gone: Ontario Conservative Government Announces Targeted Rollback of Bill 148 Amendments to the Ontario Employment Standards Act and the Ontario Labour Relations Act

Ontario passes the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) on November 22, 2017

The Ontario government has just passed the Bill 148 which amends the Employment Standards Act and the Labour Relations Act with a target effective date of January 1, 2018.  The Bill still needs to receive Royal Assent.

Key changes to the Employment Standards Act will include:

  • Raising the general minimum wage to $14 per hour as of January 1, 2018 and $15 per hour as of January 1, 2019
  • As of April 1, 2018 requiring the same rate of pay as paid to full-time employees for employees doing substantially the same kind of work including temporary help agency staff, casual, part time, temporary and seasonal workers
  • Increasing the minimum vacation to three weeks per year after an employee has five years of service
  • Increasing parental leave for birth mothers who have taken maternity leave to 61 weeks (from the current 35 weeks);  increasing parental leave for adoptive parents and fathers to 63 weeks (from the current 37 weeks)
  • Extending the availability of personal emergency leave days to employers with under 50 employees
  • Requiring the first two days per year of personal emergency leave to be paid with the remaining eight days unpaid
  • Extending the leave of absence to 104 weeks for death of a child as a result of a crime to the death of a child for any reason
  • Increasing the current 52 week leave of absence in the case of child disappearance as a result of a crime to 104 weeks
  • Increasing family medical leave from 8 weeks to 28 weeks
  • Adding a new domestic violence/sexual violence leave of absence ; up to 10 days off and up to 15 weeks of leave per year will be available (first five days to be paid) where an employee or an employee’s child experiences domestic or sexual violence and needs time off for medical attention, counselling, to relocate, for legal assistance or law enforcement reasons

There are numerous changes that will come into effect on January 1, 2019 concerning scheduling including the following:

  • If a shift is cancelled within 48 hours of its start, employees will be paid 3 hours of pay
  • Employees can refuse a shift without repercussion if they receive less than 96 hours of notice
  • On-call employees who are either not called into work or work fewer than three hours must be paid three hours of their regular pay rate

The Ministry of Labour has announced that it will hire up to 175 additional Employment Standards Officers to enforce the changes.

Key changes to the Labour Relations Act will include:

  • Card-based union certification for the building services industry, the home care and community services industry and the temporary help agency industry
  • Allowing unions to access employee lists and certain contact information provided the union can demonstrate that it has the support of 20% of employees in the proposed bargaining unit.
  • OLRB can conduct votes outside the workplace, including electronically and by telephone
  • Employees in a bargaining unit may only be disciplined or discharged for just cause in the period between certification and the date on which a first contract is entered into, and during the period between the date the employees are in a legal strike or lock-out position and the date a new collective agreement is entered into (or the date on which the union no longer represents the employees)
  • Maximum fines will increase to $5,000 for individuals and $100,000 for organizations (formerly these fines were $2,000 for individuals and $25,000 for organizations).
Ontario passes the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) on November 22, 2017

A Truly Poisoned Work Environment – Arbitrator Upholds Discharge of Employee Who Spiked Office Water Cooler with Bleach

In what can only be described as a victory for common sense, an arbitrator recently upheld the discharge of a 27 year employee who was found responsible for spiking the office water cooler with chlorine bleach.

On September 12, 2011, an employee reported to his supervisor that the water from the office water cooler had a “strong chlorine smell” and a “very hard taste”. In reviewing the surveillance video on the day in question, the Grievor is seen exiting his office with an empty water cooler jug, entering the chemical storage room and then leaving the chemical storage room and walking back to his office with a chlorine bleach jug in his hand. As he re-enters his office, the Grievor is seen placing his hand on the cap of the chlorine bleach jug. The Grievor later exits his office with the chlorine bleach jug in his hand. He ultimately returns to his office with a full jug of water for the cooler.

When initially confronted about the situation, the Grievor denied that he had caused the contamination of the water cooler but volunteered no information about why he had obtained the bleach from the chemical storage room. However, in his subsequent meetings with investigators and through his testimony at the hearing, the Grievor’s story evolved to the point where he alleged that he had poured the bleach into two cups – one to be used later in the day to clean some shelves in his office and the other to pour into a dumpster located outside his office in order to kill its odour.

At the hearing, the Grievor’s supervisor rejected the Grievor’s explanation noting that it made no sense for the Grievor to clean the shelves since they were not dirty and they were being dismantled to be taken out of the building. He further testified that he never saw the Grievor use a cup to pour chlorine breach into the dumpster.

In his decision, the Arbitrator found that the Grievor’s testimony lacked credibility. In the Arbitrator’s view, “the Grievor’s many actions, as witnessed on the video and as described in his testimony, when taken together simply defy logic and do not make sense”. As a result, the Arbitrator ruled that it was more likely than not that he was the cause of the chlorine bleach contamination of the office drinking water cooler. With respect to penalty, the Arbitrator held that “…the level of mistruths and evasiveness displayed by the employee, as well as his failure to take responsibility for his actions, irreparably harmed the employee-employer relationship.” There was therefore no basis for the Arbitrator to interfere with the Employer’s decision to dismiss the Grievor for cause.

This case is a good reminder of the importance that credibility will play when an adjudicator is asked to determine which version of events is more likely to have occurred. In conducting investigations, employers should ensure that they take detailed statements from those involved so as to “nail down” the alleged offender’s story. Should the alleged offender later change his or her story, the employer will be in a good position to impeach the employee’s credibility.

Knox v. Treasury Board (Canadian Food Inspection Agency), 2017 PSLREB 40.

 

 

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A Truly Poisoned Work Environment – Arbitrator Upholds Discharge of Employee Who Spiked Office Water Cooler with Bleach

Agency personnel in the healthcare sector: who is the real employer?

In recent years, the Québec Tribunal administratif du travail (the “TAT”) (formerly the Commission des relations du travail) has frequently been called on to address the legal implications involved in the hiring of temporary employees through personnel agencies in the health and social services field.

Most recently, in the case of Professionel (le)s en soins de santé unis (FIQ) and Centre intégré universitaire de santé et services sociaux de l’Est-de-l’Île-de-Montréal[1], the TAT ruled on the issue as to whether nursing and cardio-respiratory professionals who were assigned to the Montréal West Island Integrated University Health and Social Services Centre (the “Centre”) through personnel agencies were included in the Centre’s Professionnel(le)s en soins de santé unis’ bargaining unit (the “Bargaining Unit”), since the union had filed an application under section 39 of the Labour Code, CQLR, c. C-27 to have these professionals included in the said Bargaining Unit.

The union argued that its request was consistent with the principles established by the Supreme Court of Canada (the “Supreme Court”) in Pointe-Claire (City) v Quebec (Labour Court) (“Pointe-Claire”)[2] which promoted a comprehensive and flexible approach to the identification of the “real employer” in a tripartite relationship. In this context, the union emphasised the particular institutional framework of health and social services to support its contention that the true employer was the Centre and not the personnel agencies.

The issue was decided upon on August 25th 2016 by Mr. André Michaud from the TAT, who ruled that in light of the particular institutional framework of health and social services in Québec, the real employer of the temporary employees hired through personnel agencies was the Centre and not the personnel agencies. Hence, the temporary employees were included in the Bargaining Unit.

In reaching this decision, the TAT began its analysis by examining the criteria set forth in Pointe-Claire in order to identify the real employer in the tripartite relationship. The TAT held that the temporary employees assigned by the personnel agencies had to adapt to the strict working conditions of the Centre and were fully integrated into teams of different services or care units. These employees were directly under the control of the Centre. The Court added that the temporary employees had to perform the same tasks, in the same manner and under the same conditions as the permanent employees of the Centre. Furthermore, they were overseen by the same supervisors and used the same equipment in the facilities. From a patient’s perspective, no distinction could be made between both categories of employees. Finally, the TAT underlined that the purpose of using the services of said agencies was not for their nursing expertise but rather for their specific expertise in providing qualified professionals who had such expertise. The Centre communicated very specific requirements with respect to the necessary qualifications and training of the temporary employees and the personnel agencies would in turn find the appropriate candidates. As such, the Centre directly and indirectly controlled almost every aspect of the temporary employees’ hire and working conditions. For all of these reasons, the TAT concluded that the Centre was actually the real employer of the professionals who were assigned to the Centre through personnel agencies.

The implications of the TAT’s findings in this case are highly important because there may be an increase of requests under section 39 of the Labour Code to have all the professionals assigned through personnel agencies included in the employer’s pre-existing bargaining units.

It is worthy to note that this decision is currently undergoing judicial review as both the Centre and personnel agencies argue that the TAT reached its conclusions by misinterpreting the health and social services institutional framework, and without sufficient evidence on the criteria defined by the Supreme Court in Pointe-Claire such as the legal subordination, the selection, discipline and evaluation process as well as the assignment of duties, remuneration and integration into the Centre. We will follow the developments in this important matter with great interest.

[1] 2016 QCTAT 5036.

[2] [1997] 1 SCR 1015.

Agency personnel in the healthcare sector: who is the real employer?

Flexible Work Arrangements Proposed by the Government of Canada

The Government of Canada recently completed a consultation with employers, employer associations, union and labour organizations, and advocacy groups as part of its pledge to amend the Canada Labour Code to allow workers in federally regulated sectors to formally request flexible work arrangements from their employers.

What Are Flexible Work Arrangements?

Flexible work arrangements are alternative arrangements to the traditional working week. The most common forms allow an individual employee to alter, on a temporary or permanent basis, his or her work schedule, the number of hours worked or the location where work is done, or to take time off to meet specific responsibilities. Some examples include:

  • Flexible start and finish times;
  • The ability to work from home;
  • Compressed work weeks: working for longer periods of time per day or shift over a defined period of time in exchange for a day off;
  • Split shifts;
  • Time swaps: An employee requests time off for personal reasons and offers to make it up by working longer than usual hours on another day; and
  • Time off in lieu: Overtime can be compensated by time off with pay at the rate of 1.5 hours per overtime hour worked.

According to Employment and Social Development Canada (“ESDC”), flexible work arrangements would help Canadians balance work and family or other personal responsibilities.

Who Will This Affect?

The proposed changes will apply only to federally regulated enterprises which fall under the Canada Labour Code. Some examples include businesses and industries such as banking, marine shipping, ferry and port services, air transportation, railway and road transportation that involves crossing provincial or international borders, telephone and cable systems, radio and television broadcasting, many First Nations activities and most federal Crown corporations. Approximately 11,450 employers and 883,000 workers would be captured by any flexible work rules enacted.

Businesses that follow provincial employment standards legislation would not be affected by the proposed changes. However, these employers are still able to offer flexible work arrangements to their employees provided that the arrangement does not violate provincial employment standards legislation.

No date has been set for when the proposed changes are expected to come into force.

Scope of the Right

ESDC has acknowledged that the proposed changes will not create a right to a flexible work arrangement. Rather, employees would have the right to request a flexible work arrangement. Employers may have legitimate business reasons for denying such a request. Currently however, the grounds for refusing such a request have not yet been set out.

Things to Consider

Flexible work arrangements have potential benefits for employers such as improved employee retention rates, improved productivity, increased job satisfaction, reduced absenteeism and lateness, and being able to schedule work over longer portions of the day.

However, flexible work arrangements may have negative impacts, particularly on the operations of small businesses due to their generally more limited resources to deal with additional administrative burdens. Other concerns raised by employers include potential additional costs, disruptions due to having to reorganize work amongst existing staff, insufficiency of work during the periods the employee proposes to work and problems recruiting additional staff.

The extent to which these potential benefits and drawbacks will affect employers will depend on what changes are made to the Canada Labour Code as well as each employer’s business characteristics.

We will continue to monitor developments to the government’s proposal and provide updates as more information about the proposed changes to the Canada Labour Code become known.

Flexible Work Arrangements Proposed by the Government of Canada

British Columbia Arbitrator Reinstates Firefighter Convicted of Possession of Stolen Boat

In a recent grievance decision, Re Prince George and Prince George Firefighters, Local 1372 (Williams), 2016 CarswellBC 2591, a labour arbitrator reinstated a firefighter whose employment was terminated after being found guilty of possession of a stolen boat and trailer.

The arbitrator concluded that in order to justify terminating a unionized employee, there must be a sufficient nexus between the employee’s misconduct away from work, and his employment duties.

Facts

The Grievor had been a firefighter for 11 years with a pristine work record. There were no concerns with his honesty or work.  In 2012, he purchased a boat and trailer for $9,500 from a fellow firefighter.  The boat, reportedly worth approximately $30,000, had been stolen.  The state of the Grievor’s knowledge when he purchased the boat was disputed.

The Grievor was arrested in 2013. The RCMP phoned the Grievor and asked to attend his property to investigate a tip that a stolen boat was located on his property.  Within minutes of the call, the Grievor hooked the boat and trailer up to his car and began towing it away from his property.  However, the Grievor’s property was under surveillance and he was arrested.

The Grievor lied about his acquisition of the boat and trailer in his initial statement to police, providing a story about how he purchased the boat, and three different purchase prices. He later admitted to the RCMP that he bought the boat from a fellow firefighter for much less, but he did not admit to knowing the boat was stolen.  However, he made some comments that he had doubts about the deal, and suggested he “had an inkling in the pit of his stomach” about it.

The employer investigated and the Grievor reluctantly admitted to the arrest. The Grievor was placed on leave, but the employer did not initially ask if he knew the boat was stolen.  When asked in a subsequent interview, the Grievor said it was a “grey area”.  He also advised the employer of his attempt to flee with the boat.  The employer allowed the Grievor to return to work with conditions, accepting that he was being forthright.

In the criminal proceedings, the court did not accept the Grievor’s evidence, and he was found to have known the boat was stolen. The trial was widely reported in the local media.

Upon learning of the verdict, the employer terminated the Grievor’s employment. The employer’s reasons, as stated at arbitration, included: the comments made by the judge regarding the non-acceptance of the Grievor’s evidence and his credibility, dishonesty and lack of judgment; the media reports and negative publicity; and concerns about the Grievor’s honesty during the employer’s investigation.

Arbitrator’s Reasons

The arbitrator found it difficult to reconcile evidence regarding the Grievor’s police statement and his evidence at trial and arbitration that he had no concern the boat was stolen. She noted that she had “grave doubts” as to his understanding of the underlying issue of his honesty.  Nevertheless, she proceeded to consider the question of whether termination was excessive in the circumstances.

To this end, relying on Millhaven Fibres Ltd. and OCAW, Local 9-670, Re, [1967] O.L.A.A. No. 4 (Ont Arb), the arbitrator noted that in determining whether the Grievor’s conduct away from the place of work was a justifiable reason for discharge, there was an onus on the employer to show that:

  1. The conduct of the Grievor harms the employer’s reputation or product;
  2. The Grievor’s behaviour renders the employee unable to perform his duties satisfactorily;
  3. The Grievor’s behaviour leads to refusal, reluctance or inability of the other employees to work with him;
  4. The Grievor has been guilty of a serious breach of the criminal code and thus rendering his conduct injurious to the general reputation of the employer and its employees;
  5. The conduct causes difficulty in the way the employer properly carries out its function of efficiently managing its works and efficiently directing its working force.

The arbitrator found there was no direct link between the misconduct and the Grievor’s duties. There was no suggestion he could not be trusted to do his firefighting duties. The arbitrator accepted that it was an isolated incident by an employee with a pristine work record, not likely to be repeated.  Moreover, he was not in a fiduciary position, and his duties did not expose him to the temptation of greed.

In short, the arbitrator concluded that there was an insufficient nexus between the Grievor’s misconduct and his duties to warrant termination. Accordingly, the arbitrator reinstated the Grievor, but declined to award wages, seniority or benefits from the date of termination to the date of reinstatement.

Take Away

Criminal convictions in and of themselves may not justify termination of an employee on the basis of dishonesty and lack of trust. Despite findings of misconduct in criminal proceedings, employers terminating for cause must establish that the misconduct actually relates in more than a general manner to the duties to be performed by the employee.

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British Columbia Arbitrator Reinstates Firefighter Convicted of Possession of Stolen Boat