Michelle Blanchard says she was unfairly dismissed. Bobbi-Jean MacKinnon/CBC

A New Brunswick woman was dismissed by an Irving-owned company for professional reasons, not because she complained about the president's driving, a hearing was told Wednesday.

WorkSafeNB is hearing evidence regarding Michelle Blanchard's discrimination complaint.

She said on Tuesday that she was fired by Cobalt Properties Ltd. last summer because she complained about Arthur Irving Jr.'s driving during a business trip in Newfoundland and Labrador.

Blanchard told the hearing that Irving was speeding up to 178 km/h in an 80 km/h zone and was talking on his cell phone while driving. It is illegal to use a handheld device while driving in Newfoundland and Labrador.

The arbitration hearing is dealing with a complaint Blanchard filed with WorkSafeNB under the Occupational Health and Safety Act.

But on the hearing's second day, Margaret Hammond, Cobalt's human resource consultant, testified that there had been issues with Blanchard's performance and attitude as an environment engineer for about six months before the dismissal.

'Lack of professionalism'

Hammond said she had made note of Blanchard's "lack of professionalism" on a Post-it note following a team meeting in January 2010.

Hammond said she could not remember what Blanchard had said at the meeting or what the meeting had been about. But she told the hearing that she remembered being appalled.

Hammond said she had a meeting with Blanchard and her supervisor about a month later to discuss complaints some customers had about Blanchard's level of service.

Hammond said it was a "big concern" because they were important clients the company didn't want to lose.

She said Blanchard left with an action plan to correct the situation, but failed to follow through.

Hammond said Blanchard also complained regularly about her work load.

Blanchard received a $13,000 bonus a few months before she was dismissed, but Hammond said that was based on the company's performance, not the performance of Blanchard.

Under the act, the arbitrator can order the company to cease any discriminatory action, reinstate the employee, pay any lost wages, and order that any reprimand be expunged from her record.

The hearing is being heard by John McEvoy, a law professor at the University of New Brunswick, and is expected to wrap up Wednesday afternoon. A decision is expected within four weeks.