A B.C. arbitrator decided recently that an employer did not have just cause to terminate an employee who shoulder-checked his supervisor, instead reinstating him with a six-month suspension.
The employee, a knife-cutter at the time of his termination, had worked for Crown Packaging in Richmond B.C. for 31 years and was 50 years old when he was terminated for cause. After two suspensions for misconduct – involving inappropriate exchanges with coworkers and “impulsive outbursts” – over the preceding two years, the final incident saw him accidentally shoulder-check a supervisor.
Because he had already complained about that supervisor to his direct supervisor, as well as friends in a group chat, and also considering his recent suspensions, the employer decided that the shoulder-checking incident had been intentional and terminated him.
