An employee at an isolated camp in the Northwest Territories who
assaulted and threatened his supervisor was dismissed for just
cause, an adjudicator has decided.
The employee was an equipment operator at a mine site.
The evidence was that the employee and supervisor got into an
altercation "not directly related to work issues". All
witnesses said that the employee pushed the supervisor three times.
Two witnesses said that the employee also threw a cup or bottle of
water at the supervisor. Several coworkers were required to
restrain the employee.
The day after the incident, the employee gave a statement in
which he said, ". . . I didn't make threats but I did make
a promise. I know where the prick lives and we will see each
other." The employer fired him and claimed just cause.
The employee filed a claim for termination pay under the NWT
Employment Standards Act. An Employment Standards Officer
decided that he was dismissed for just cause and thus was not
entitled to termination pay. The employee appealed, and an
adjudicator agreed that he had been dismissed for just cause.
The adjudicator stated that the employee had agreed to the
zero-tolerance violence policy and had disregarded that policy. The
workplace was an isolated camp setting and the assault and further
threats of violence were in clear violation of that policy.
Although the employee claimed that his supervisor had not been
treating him properly, there were other alternatives to
Therefore, the adjudicator decided that the single incident of
the assault and threats was just cause for dismissal.
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Labour and employment law had some interesting developments in 2016. What follows are a few highlights from the last year and an introduction to an issue that may attract significant attention in 2017.
Businesses and employers face exposure to a variety of claims for mismanagement or misuse of personal information by employees. Damages may depend on how sensitive the information is and how it is misused.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).