What factors will be considered in determining whether to reinstate an employee who has been found guilty of a health and safety violation?

226. As noted in BCTWGMIU v. Imperial Tobacco, the most important factor in safety violations is whether the employee poses a risk to re-offend, should be or she be reinstated. There was disagreement on whether that risk was posed on the facts in this case. The Union urged the Griever was credible, had candor as he came clean about the misconduct when questioned and his evidence regarding his explanations for his conduct, including his attempt to contact his supervisor the next morning should be believed and considered in mitigation. It urged the Grievor had repeatedly stated he “learned his lesson” and would not make the same mistake again but would contact his supervisor next time.