Employer also claimed refusal led to job abandonment
A railway company did not have the right to demand an independent medical examination (IME) over concerns it had over a worker’s behaviour, according to an arbitrator. The arbitrator also ruled that the worker’s refusal to attend an IME wasn’t an abandonment of his position.
The worker was an employee of Via Rail, the passenger train service, in the safety-sensitive position of locomotive engineer. He was hired around 1997.
In January 2022, Via Rail placed the worker on an administrative leave of absence for not getting vaccinated against COVID-19, as per company policy. He was terminated in June that year and then reinstated a year later after being cleared for work medically and professionally.
Over time, the Via Rail issued several verbal warnings to the worker that he should perform tasks correctly.
In September and October 2023, Via Rail identified several behaviours by the worker that raised concerns, including forgetting work material, failing to protect an assignment because of a mix-up in dates, and not wearing personal protective equipment (PPE), and releasing train brakes while employees were working under the train.
The company investigated the incidents and its concern grew due to certain strange comments he made. He also had a phone call from a manager in which the latter made a general reference to security concerns.
On Oct. 30, the...
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