CSR | May 2018 | News
Radio was hardwired into trackmobile following incident
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manager of the pulp mill that
it was necessary to have one. A
hard-wired radio was installed
by the next day.
Tymko told the supervisor he
had called out the car lengths
from three on down and then
"dynamite the brakes" at the ap-
propriate time. The trackmobile
operator said he only heard "dy-
namite the brakes" over the ra-
dio and "had no idea what to do"
so he continued until he heard
from Tymko.
4-D felt Tymko was mostly re-
sponsible as the operator makes
no move without being told by
the switchman. It considered
Tymko's previous safety infrac-
tions and determined they were
getting more serious, so the
company decided to terminate
his employment on Dec. 30.
The trackmobile operator, who
had no previous discipline, was
suspended for four days and re-
ceived a 90-day probation.
The court found that while
Tymko and other employees
were generally provided with
adequate safety training, 4-D
failed to train them on what to
do in the particular situation of
radio failure. As a result, Tymko
could not be held responsible for
the incident or found to have had
"a neglectful or wilful disregard
of 4-D Warner's safety standards
and procedures," said the court.
The court also found that 4-D
didn't immediately investigate
the situation despite being ad-
vised of it, so it couldn't establish
if the radio was actually work-
ing or not. The fact the pulp mill
hardwired a radio into the track-
mobile shortly thereafter made
it likely there was in fact a prob-
lem, said the court.
The court found 4-D didn't
have just cause to dismiss Tym-
ko. 4-D was ordered to pay Tym-
ko two months' salary and ben-
efits for wrongful termination of
his three years of service.
For more information see:
• Tymko v. 4-D Warner
Enterprises Ltd., 2018
CarswellBC 547 (B.C. S.C.).
Workplace < pg. 5
e employer didn't immediately
investigate following the accident,
so it couldn't establish if the wireless
radio was actually working or not.