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Photo of the exterior of the Air Canada Centre in Toronto, Ont.Fred Lum/The Globe and Mail

A food and beverage employee who was fired for stealing a drink of pop at the Air Canada Centre has to be reinstated, a labour arbitrator has ruled, saying that his dismissal was too harsh a penalty.

In a decision released Friday, arbitrator Norm Jesin said the fact that the employee had lost wages after being fired 10 months ago by the owners of the arena, Maple Leaf Sports & Entertainment Ltd., was enough of a punishment.

It was missing poutine cups that led to the sacking of Ricky Gonzales, who had been working for five years as a warehouse porter at the ACC, home of the Maple Leafs and the Raptors.

Mr. Gonzales didn't deny the allegations. He said he didn't think he had done anything wrong.

His job involved stocking food and drinks and delivering those supplies to various vending locations in the centre.

During his shifts, soda cups weren't available to porters but poutine cups were left around since no poutine was available.

The company kept an inventory of the soda and poutine cups, recording the number of cups sold.

The employer noticed that there were " discrepancies" in the counts for poutine containers, Mr. Jesin wrote in his decision.

"During an investigation it was discovered that the grievor had taken a drink of pop in a poutine cup and he was terminated for theft," he wrote.

Mr. Gonzales was fired in January.

His union, Teamsters Local 847, filed a grievance.

In his decision, Mr. Jesin agreed with MLSE's position that Mr. Gonzales' action constituted theft.

But he said a lesser punishment was called for, "given the amount of product taken in this case and given that the grievor never denied his wrong doing and now understands that such conduct is prohibited."

He ruled that Mr. Gonzales should get back his job with no compensation for lost wages.

Even with a reinstatement, Mr. Gonzales has already suffered a significant financial loss from having been fired 10 months ago, Mr. Jesin said.

"This decision should be taken as a clear warning to other employees that they may not take food or refreshment (or any other items) belonging to the Employer without authorization," he concluded.

Dave Haggith, an MLSE spokesman, declined to comment on the case.

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