Termination Excessive for Worker Who Shared Guilt for Tussle

|Canadian Labour Reporter|Last Updated: 02/04/2011

Fired after a dispute with a coworker turned into a full-blown donnybrook, a youth worker at a recreational centre grieved his termination. The union disputed the employer’s allegation that he started the fight and argued that — at most — a disciplinary response was due for his part in the brawl.

A part-time recreational worker since 1999, O.H. was 24 years old and had no disciplinary record when he became involved in an incident with S.C. — a coworker — on the evening of April 13, 2005.

S.C., who was a co-ordinator for girls programming at the community centre, was sitting in the lobby at a table with a couple of coworkers when O.H. exited a meeting with a supervisor who had been making inquiries into the staff’s sign out practices.