The union referred a construction industry grievance seeking termination and severance pay under the Employment Standards Act for a member.
The employer argued the grievor was disentitled due to willful misconduct, refusal of a right to recall, and because his employment fell within the construction exemption.
The Board rejected all three arguments, finding no misconduct, no right to recall under the collective agreement, and that the grievor was predominantly employed at a fabrication shop rather than a construction site.
The Board directed payment of termination and severance pay.
