Employee put on own ‘distorted interpretation’: Arbitrator
The town of Janvier, Alta., was left without telephone coverage for 17 hours after a technician shut off a radio transmitter.
Diaa Suwan first worked for Telus Communications in 2007 in the landline arm of the company. In 2014, he transferred to the wireless division.
But on Sept. 9, 2016, Suwan shut down a Harris Quadralink radio that caused “significant service outage, impacting the wireline service to an entire community and its emergency service,” according to his Oct. 5 letter of termination from Telus.
“Your failure to confirm with management or a wireline technical prime before turning off the wireline equipment providing service to the Janvier community showed extremely poor judgment. Your failure to follow procedures and the guidance of a fellow technician led to a significant service outage that left a community without phone service for almost 18 hours,” said the letter.
The shutdown also affected the RCMP landline, 911 service and a local medical centre.
On July 29, Suwan was advised via email that there was interference on the network that had to be investigated. He met with another technician on Sept. 9 because Suwan wasn’t familiar with tracking interference and he wanted “refresher training.”
After discovering the likely cause of interference, Suwan sent an email to request further help. Terry Peebles, senior wireless network technician, responded first and he phoned Suwan to give him advice.
Peebles testified that during the 15-minute conversation, he made it clear that Suwan should abide by the company’s network activity rules (NAR), which stated a technician must “check the traffic” before considering a shutdown of any equipment.
Peebles also told Suwan he had to check with a TCI (Telus Communications) representative before doing anything because as TMI (Telus Mobility) employees, they wouldn’t know the status of TCI equipment.
Peebles testified he was not familiar with Harris Quadralink equipment, but Suwan said that Peebles advised him, “It should not have been left on, kill it.”
Suwan’s testing equipment then failed him and he called another technician to inquire if the interference remained. After being told it did, Suwan “pulled the cards, turned it off and unplugged the coax cable in the back which goes to the antenna to transmit.”
During a Sept. 20 investigation interview, Suwan continued to blame Peebles for the shutdown.
Suwan was terminated on Oct. 5. (Suwan finished a five-day suspension for speeding while on duty, which Telus also cited in the termination.)
The union, Telecommunications Workers Union (TWU) and United Steelworkers (USW), Local 1944, grieved the firing and argued Suwan was sent out to do a job with no training, which should mitigate against the company’s response to his mistake.
Arbitrator Alan Beattie disagreed and dismissed the grievance.
“(Suwan’s) lack of credibility, and his attitude throughout, takes this case over the line at which a long suspension might be substituted for the termination. His inability to accept any responsibility or apologize for the serious incident, seeking to put the blame entirely on Peebles, showing no remorse, being so oblivious to following protocol and having no concern about the consequences of his actions, leave me with no doubt about termination of the employment relationship being the only appropriate discipline,” said Beattie.
Suwan’s actions on Sept. 9, necessitated his dismissal, said Beattie.
“Someone with expertise has to assess the risk but (Suwan) did not know anything about the Quadralink which would enable him to make any assessment. He knew that he had to contact someone with knowledge to make the assessment, but he made no contact.”
And Peebles told the truth, according to Beattie, not Suwan.
“Peebles did talk about traffic but (Suwan) chose to put his own distorted interpretation on the discussion. It is consistent with Peebles’ testimony that it is not possible for a TMI employee to check for traffic and a TCI employee has to be involved ,” said Beattie.
Reference: Telus and Telecommunications Workers Union (TWU) and United Steelworkers (USW), Local 1944. Alan Beattie — arbitrator. John Gilmore, Dana Kiefer for the employer. Joe Benn, Shaheen Hirani for the employee. Aug. 12, 2018. 2018 CarswellNat 4843
Diaa Suwan first worked for Telus Communications in 2007 in the landline arm of the company. In 2014, he transferred to the wireless division.
But on Sept. 9, 2016, Suwan shut down a Harris Quadralink radio that caused “significant service outage, impacting the wireline service to an entire community and its emergency service,” according to his Oct. 5 letter of termination from Telus.
“Your failure to confirm with management or a wireline technical prime before turning off the wireline equipment providing service to the Janvier community showed extremely poor judgment. Your failure to follow procedures and the guidance of a fellow technician led to a significant service outage that left a community without phone service for almost 18 hours,” said the letter.
The shutdown also affected the RCMP landline, 911 service and a local medical centre.
On July 29, Suwan was advised via email that there was interference on the network that had to be investigated. He met with another technician on Sept. 9 because Suwan wasn’t familiar with tracking interference and he wanted “refresher training.”
After discovering the likely cause of interference, Suwan sent an email to request further help. Terry Peebles, senior wireless network technician, responded first and he phoned Suwan to give him advice.
Peebles testified that during the 15-minute conversation, he made it clear that Suwan should abide by the company’s network activity rules (NAR), which stated a technician must “check the traffic” before considering a shutdown of any equipment.
Peebles also told Suwan he had to check with a TCI (Telus Communications) representative before doing anything because as TMI (Telus Mobility) employees, they wouldn’t know the status of TCI equipment.
Peebles testified he was not familiar with Harris Quadralink equipment, but Suwan said that Peebles advised him, “It should not have been left on, kill it.”
Suwan’s testing equipment then failed him and he called another technician to inquire if the interference remained. After being told it did, Suwan “pulled the cards, turned it off and unplugged the coax cable in the back which goes to the antenna to transmit.”
During a Sept. 20 investigation interview, Suwan continued to blame Peebles for the shutdown.
Suwan was terminated on Oct. 5. (Suwan finished a five-day suspension for speeding while on duty, which Telus also cited in the termination.)
The union, Telecommunications Workers Union (TWU) and United Steelworkers (USW), Local 1944, grieved the firing and argued Suwan was sent out to do a job with no training, which should mitigate against the company’s response to his mistake.
Arbitrator Alan Beattie disagreed and dismissed the grievance.
“(Suwan’s) lack of credibility, and his attitude throughout, takes this case over the line at which a long suspension might be substituted for the termination. His inability to accept any responsibility or apologize for the serious incident, seeking to put the blame entirely on Peebles, showing no remorse, being so oblivious to following protocol and having no concern about the consequences of his actions, leave me with no doubt about termination of the employment relationship being the only appropriate discipline,” said Beattie.
Suwan’s actions on Sept. 9, necessitated his dismissal, said Beattie.
“Someone with expertise has to assess the risk but (Suwan) did not know anything about the Quadralink which would enable him to make any assessment. He knew that he had to contact someone with knowledge to make the assessment, but he made no contact.”
And Peebles told the truth, according to Beattie, not Suwan.
“Peebles did talk about traffic but (Suwan) chose to put his own distorted interpretation on the discussion. It is consistent with Peebles’ testimony that it is not possible for a TMI employee to check for traffic and a TCI employee has to be involved ,” said Beattie.
Reference: Telus and Telecommunications Workers Union (TWU) and United Steelworkers (USW), Local 1944. Alan Beattie — arbitrator. John Gilmore, Dana Kiefer for the employer. Joe Benn, Shaheen Hirani for the employee. Aug. 12, 2018. 2018 CarswellNat 4843
