A worker who said, "If anything ever happened, like losing my job, I'd have no problem coming in here and shooting them", a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an arbitrator has decided. The worker, a fare collector, had taken the training after giving the finger to an "obstreperous customer".
He made the "shooting them" threat while speaking with a coworker about the materials from the training session, to which he remarked, " Can you believe this?" After the coworker tried to make light of the situation, the worker said that he would kill only managers, not union employees.
The coworker reported the threat to management, who then fired the worker, who filed a union grievance.
The arbitrator found that the worker had made the threat,
despite the worker's denial.
The coworker had no motive to make false allegations. The two
employees had had a friendly relationship.
Despite the worker's 25 years of service, the arbitrator decided that the employer had just cause for dismissal. The worker never admitted the threats nor apologized. He had a disciplinary history including discipline for an incident in which he was unable to control his anger. Significantly, he made the threats one day after taking sensitivity training designed to help him control his anger and understand the seriousness of workplace violence. He also had an unfounded view that female employees were conspiring to get him, showing that he "may have a problem with women in the workplace". All of these factors "did not bode well for the future" were he to be reinstated.
Toronto Transit Commission v Amalgamated Transit Union, Local 113, 2017 CanLII 11071 (ON LA)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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