A Campbell River retail clerk and local CUPW President has been reinstated to her employment as a result of an arbitration award dated November 14, 2011.
On June 1, 2010, Monica Judd was discharged by Canada Post on the grounds that she “intentionally deprived Canada Post of revenue” by giving a customer a break on the price of postage when his parcel marginally exceeded the 2 kilogram price threshold. In keeping with the practice that she had been shown while being trained as a retail clerk, the Grievor charged the customer a rate of postage commensurate with the 2 kilogram price threshold even though it was marginally overweight. The transaction took place after the customer balked at the price of postage and indicated that he might walk away and take his business elsewhere.
After being informed of the incident, Canada Post rejected the Grievor’s subsequent explanation and apology and chose to discharge her from her employment.
In his letter of discharge, Ken Podritske, local area manager, claimed that the Grievor had engaged in “dishonesty, fraud and theft”.
Podritske made these claims even though he was aware at the time of his decision to proceed with discharge that other Campbell River retail employees had engaged in the same practice while serving Canada Post customers and had in fact been shown how to do so during their training as a means of appeasing their customers.
As borne out by the evidence at the hearing, Mr. Podritske was also aware that Campbell River retail clerks had also engaged in a variety of other practices such as free box holds, free redirection services and free packaging in the interest of pleasing their customers. However, no other employee even received so much as a suspension.
The grievance was initially scheduled for hearing in Campbell River on February 9, 2011, at which point the Corporation employed a lawyer to argue that the evidence surrounding the other incidents and the no-charge retail practices that were known to Podritske should be excluded from the arbitrator’s consideration. In his preliminary award dated April 29, 2011, Arbitrator Vince Ready rejected that argument and held that such evidence was admissible and relevant.
During subsequent hearings on July 26, 27 and August 4, 2011, Canada Post’s legal counsel argued that the Grievor was dishonest and fraudulent and had not provided a reasonable explanation for her actions.
The Union argued that there was no evidence that the Grievor had ever intended to defraud or steal from her employer. The Union argued that at most, the Grievor had exercised misguided judgment while attempting to keep a Canada Post customer from taking his business elsewhere. In his ruling, Arbitrator Ready rejected the Corporation’s claims of dishonesty:
On the evidence before me, I similarly cannot conclude that Ms. Judd engaged in fraud or theft… At worst, the grievor has exercised poor judgment in not charging the appropriate postage for a package that she inducted into the mail system.
In a situation where a progressive, corrective approach was called for, Canada Post chose to proceed with a questionable discharge. Noting that the Grievor’s evidence was consistent with the fact that other employees had engaged in the same practice, Arbitrator Ready reinstated the Grievor to her employment with a suspension and an order that she be made whole for her residual lost wages and benefits. As a result, the Grievor is now entitled to approximately seventeen (17) months of lost wages and benefits.
In solidarity,
Ken Mooney
Regional Grievance Officer