An employee who filed a written complaint, falsely alleging that
his supervisor deliberately ran into him with a sharp blow from his
shoulder, was dismissed for cause, an arbitrator has held.
Unfortunately for the employee, video evidence showed his
allegation to be false.
The employee, a warehouse worker, had seven years of service and
had received two prior suspensions in the previous twelve-month
The supervisor denied the allegation, and no witnesses supported
the employee's version of events. Video evidence showed
the corridor at the time when, according to the employee, he was
assaulted. The video showed that no such assault took
The arbitrator held that the evidence was overwhelmingly against
the employee's account of what had occurred. In particular, the
video showed that there was no contact. The employee had
falsified the allegation against his supervisor. This was
very serious, as the allegation was that the supervisor had
committed assault. That allegation, if accepted, "could
have extremely negative consequences" for the supervisor
including possible criminal charges. The allegation was calculated
to harm the supervisor. The making of the allegation was so
serious as to "undermine the possibility of any ongoing
As such, the employee was dismissed for just cause.
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In a policy statement released early last month, the Ontario Human Rights Commission clarified its position on the scope of medical documentation that employees need to provide when making disability-related accommodation requests.
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