Arbitrator Michael Paolucci ruled that Novelis Corporation had not met its burden of proof to uphold its discharge of the grievant for using abusive and threatening language toward a co-worker in violation of company policy and the last chance agreement the grievant was working under. The company’s entire case against the grievant was based a series of statements collected by the investigator, including that of the one complaining witness, as no one else with direct knowledge of the incident was willing to testify. It was determined that this was hearsay evidence without anything concrete to corroborate it, and therefore had ...
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