Misconduct Warrants Termination

|Canadian Labour Reporter|Last Updated: 02/08/2011

Compelled to ground his decision based on his assessment of the credibility of the testimony of the two principals in a classic “he said, she said” dispute, the Arbitrator preferred “her” testimony and “he” was fired.

The “he” in this case was T.D., a housing counsellor employed for 17 years by a municipally funded, not-for-profit social services agency that provides temporary shelter and settlement assistance to female refugee claimants.

The clients of the agency are a vulnerable group, many from the horn of Africa and many who are fleeing violence and abuse.