What is the test for discipline in a medical malpractice case?
Canada (Federal), Canada
The following excerpt is from Unifor Local 707A v Suncor Energy Inc., 2019 CanLII 99085 (CA LA):
198. In BCTWGMIU v. Imperial Tobacco, at para. 27, the arbitrator set out several principles for evaluation of discipline in situations which involve safety violations, which decision has been followed in subsequent cases. Those principles are:
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