Suspension (15 days) — Absenteeism — Last-chance agreement — Whether last-chance agreement was a disciplinary measure — Whether double jeopardy

The deputy head asked the grievor to sign a last-chance agreement before returning to work because he had allegedly been away from work without authorization — the deputy head later imposed a 15-day suspension on the grievor for the same event — the grievor grieved the suspension — the adjudicator found that the last-chance agreement was a disciplinary measure and that the suspension constituted double jeopardy — the suspension was rescinded.

Grievance allowed.

Termination (disciplinary) — Insubordination — Failure to report absence in a timely fashion — Last-chance agreement — Whether last-chance agreement is binding on the adjudicator

The deputy head asked the grievor to sign a last-chance agreement before returning to work because he had allegedly been away from work without authorization — the last-chance agreement required the grievor to report his absences to management in a timely fashion — 14 months after the last-chance agreement was signed, the grievor did not attend a scheduled training session outside the office — he did not report his absence to management or to the person in charge of the training — instead, he allegedly reported his absence to the commissionaire at the training location — on his return to work, the grievor provided medical certificates justifying his absence — the deputy head terminated the grievor’s employment based on the last-chance agreement — the adjudicator found that the termination was excessive in the circumstances and that the deputy head should have applied the rules of progressive discipline — the termination was rescinded and replaced by a 15-day suspension.

Grievance allowed in part.