Termination excessive for momentary lapse

The grievor argued with his supervisor and threw a plastic cup. He apologized, but the company terminated him, claiming his anger threatened the safety of the workplace. The arbitrator disagreed, finding the offence to be minor, and reinstated the grievor.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 10/22/2012

A part-time cook was fired for throwing a plastic cup in frustration during an argument with his supervisor. The union grieved the termination.

The union also grieved allegations that the employer had attempted to intimidate the grievor and dissuade him from pursuing his grievance.

M.O. was a 17-year-old, part-time cook at a franchise restaurant. He had been working at the restaurant for about one year when he was fired on May 16, 2012. M.O. was regarded as a good cook. There was no discipline on his record.