| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
demerit points |
|
|
Summary:
The employer stated that the claimant had been dismissed for three violations on a tour of duty including failing to perform a brake test, operating a train at 30 miles per hour in a 15 miles per hour zone and failing to blow a full signal at a crossing. The employer stated that these violations could have put the security of people at risk. This resulted in the claimant receiving 40 demerit points bringing his total demerit points to 60. This warranted a dismissal. The claimant also submitted that his behaviour had not been wilful but had resulted from extreme fatigue due to an unforeseen change in his work pattern. The employer had offered to reduce the demerit points to 20 and change his dismissal to a suspension. The claimant refused that offer and was dismissed. The appeal by the claimant is dismissed.
