A recent arbitral decision reminds employers that an employee’s baseless allegations of misconduct are not protected as “whistleblower” activity and do not need to be tolerated.

In Jazz Aviation LP v ALPA¹ an arbitrator held that an employer was justified in terminating an employee who made repeated allegations of corruption against his employer and his union, without a “shred of proof.”

False allegations lead to termination

Jazz Airlines (the employer) received reports that one of its pilots (the grievor) was making concerning statements to fellow pilots and other employees. An investigation by the employer revealed the grievor made repeated, unsubstantiated allegations that the employer and leadership of the grievor’s own union were engaged in collusion, bribery, embezzlement, and fraud. The investigation found the grievor made these false allegations to colleagues in person, both on- and off-duty, and that he sent an email including the allegations to undisclosed workplace recipients.

The employer terminated the grievor for making false and egregious allegations that undermined the reputations of the employer, the union, and named individuals, and negatively impacted and disrupted the workplace. The employer cited as aggravating factors that the grievor was untruthful when confronted about the allegations and demonstrated no remorse or accountability for his actions.

The union grieved the termination. At arbitration the grievor claimed:

• He was a whistleblower...

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