The arbitrator concluded that there was no breach of the collective agreement. He then considered whether the dismissals constituted discrimination under the B.C. Human Rights Code. In reviewing the evidence on this matter, the arbitrator explained that: During conciliation, the employer`s position was that it was justified in dismissal for not guilty absence on the basis of the usual tests. The employer felt that the fact that dismissed workers would lose access to certain other benefits does not deprive the employer of the right to dismiss workers for not guilty absence. The Arbitrator concluded that the desire to save money is not a good-faith professional requirement for human rights. The Adjudicator found that the dismissals were not based on taking into account the individual circumstances of the dismissed staff, but that all three had been terminated simultaneously in an „arbitrary“ manner and focused on cost savings for the employer. The Adjudicator said: Subsequently, the three staff members were rehired and should be fully made. CUPE 403 – Municipality of Langley 2012-15 Collective Agreement – pgs. 1-52 CUPE 403 represents more than 1,250 members who are community workers in Langley commune. In addition to road maintenance, parks and the communal water system, these workers provide urban services such as planning and status, clerical support for the RCMP, passenger services at Langley Regional Airport, programs at the Langley Centennial Museum and a variety of fitness, recreation and recreation programs. CUPE 403 President Sara Manchester said the involvement of these workers in CUPE required innovative ways during a pandemic. to reach and engage them while they were following the direction of the provincial health worker.
This decision raises important questions about the not guilty dismissal of workers who do not participate in work in British Columbia for long-term disability rights. Under this decision, employers can no longer lay off workers who do not work for a long period of time unless the employer can prove that it has not benefited financially from the layoffs. In most cases, there will be some economic benefit to the employer and this interpretation of the human rights code will create great uncertainty in these dismissals. „Our newest members provide this community with excellent health, fitness and well-being,“ said Manchester. „We look forward to working with them to earn their working conditions.“ Recreational workers provide health, fitness and wellness services to residents of the Township of Langley. These include personal trainers; Group fitness, water and yoga instructors; Cultural professionals who offer programming programs to the community at the Langley Centennial Museum; water teachers and advanced water masters who train lifeguards, swimming instructors and first aid.