An arbitration board has upheld the termination of a maintenance worker at JBS Food Canada ULC’s beef processing facility in Brooks, Alta., after finding the employee willfully ignored safety protocols, leading to a fire in the workplace.
The grievor, E.C., was assigned to fire watch duty on Nov. 27, 2022, while welding work was being performed. He left the worksite minutes after the welding was completed, failing to maintain the required 30-minute fire watch. A fire ignited shortly after, burning for over 20 minutes before being extinguished by a co-worker.
The employer cited a violation of its Cardinal Rules policy, stating in the termination letter that E.C. “willfully ignored the established Hot Work procedure and displayed extreme negligence for the safety of others.”
The United Food and Commercial Workers Union, Local 401, filed a grievance, arguing the termination was excessive and sought reinstatement with full back pay. The dispute centered on whether termination was a disproportionate response under the established legal framework for workplace discipline.
Safety policies and investigation findings
JBS maintains stringent safety policies, particularly around fire hazards associated with welding work. Employees undergo extensive training, and fire watch responsibilities include remaining onsite for at least 30 minutes post-welding, with periodic checks over the following hours.
E.C. admitted he had received fire watch training, understood the requirement to remain on-site, and had participated in welding tasks multiple times. He testified that he had, on previous occasions, left a fire watch early without consequence. On the day of the incident, he placed flammable materials near the welding site, one of which ignited before being removed.
During the disciplinary investigation, E.C. acknowledged his mistake, stating, “there was no smoke or anything happening, so we went to break.” The employer concluded that his actions were deliberate, demonstrating disregard for established safety rules.
The arbitration decision
The arbitrator applied the three-part test from Wm. Scott & Company Ltd, which considers whether there was just cause for discipline, whether termination was an excessive response, and, if so, what alternative penalty would be appropriate.
The board found that:
- The misconduct was serious, as fire safety violations carry a high risk of severe consequences.
- The grievor’s failure to maintain fire watch was intentional, not inadvertent, and he had previously disregarded the rule multiple times.
- The grievor showed a lack of remorse, providing shifting explanations for his actions.
- The employer had previously disciplined employees for similar infractions, but the nature of this incident warranted a stronger response.
- There was no evidence of discriminatory discipline, as other employees involved in the same incident were also terminated.
While the union argued that reinstatement was appropriate, the arbitrator concluded that termination was not excessive given the gravity of the violation. The grievance was dismissed.
For more information, see United Food and Commercial Workers Union, Local 401 v JBS Food Canada ULC, 2025 CanLII 21652 (AB GAA).
