Albert Lynch is “a man of conscience,” but he was lawfully dismissed from United Grain Growers, according to an adjudicator appointed to hear his complaint.
Bryan Schwartz dismissed Lynch’s complaint after hearing about why he was fired from his job at Proven Seeds’ canola plant in Souris, Man., in February 1998.
Lynch refused to blend low germination seed with high germination seed because he thought there was “an unacceptable risk” that the resulting seed would damage the company’s reputation for quality, Schwartz wrote in his six-page decision.
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But the law states an employee “must generally accept an operational directive even if it conflicts with his own sense of how the job ought to be done,” or resign, wrote Schwartz.
The adjudicator noted it is “lawful and proper” to blend seed. At the time Lynch was fired, it was “premature” to conclude UGG would sell seeds that did not meet quality standards.
“The company had no intention of marketing a product that was substandard in any sense,” wrote Schwartz.
Lynch testified it would be difficult to properly blend seed at the plant, but Schwartz said Lynch, who had shown a “flair for solving production problems,” could have tried to work out a method, or ensure any blending defects were detected.
“It seems quite possible that the blending problem could have been overcome by fairly simple means and at little or no incremental cost,” Schwartz wrote.
He noted Lynch was not disciplined for speaking out about his concerns. He said several UGG managers listened to Lynch, explained their reasons for blending, and gave Lynch a chance to return after he was fired.
UGG acted within its legal rights by firing Lynch when he repeatedly refused to carry out instructions to blend seed, concluded Schwartz.
“Mr. Lynch was motivated by his conscience and not any personal ambitions or grudges or material interests,” wrote Schwartz.
“There are no ‘bad guys’ in this case on either side,” he wrote. “There are two well-intended and intelligent parties, both committed to quality and respect for legal standards, who unfortunately arrived at a sincere disagreement.”
Schwartz heard the complaint from Nov. 30 to Dec. 2, 1998. He commended Lynch for his “stamina and resourcefulness” in representing himself, and undergoing cross examination from UGG lawyer John Scurfield, “one of the most experienced and skilled” lawyers in Manitoba.
