“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive personal matters at work.

The employee had worked at the company for 28 years as a general clerk at a grocery store.  He had been fired previously and was reinstated at a different store as part of a mediated settlement.  Under the settlement, if he behaved “in an inappropriate manner in the workplace, which would attract a disciplinary response”, he would be subject to discharge.

Shortly afterwards, two teenage coworkers filed complaints about the employee, alleging harassing and bullying behaviour.  The arbitrator considered the complaints and found that the employee “is a very aggressive person and does not back away from strongly asserting his views”.  He had been aggressive, condescending and rude towards those employees.

The arbitrator then stated, “That brings us to a particularly serious allegation about Mr. Tamelin discussing inappropriate personal matters at work.”  According to one witness the employee had been “talking about his personal life with his past relationships, wives, going on about them in a very negative way, actually swearing about the, uncomfortable for me and for any customer.  Didn’t want to add into the conversation.  Also talking about the United States and his political views.”  He had used offensive terms to describe his past wife.

The arbitrator ruled that the employee had “acted very inappropriately” towards the two teenage employees.  He had not been provoked by them.  As such, the employer had cause for discipline.  Given the “last chance” clause in the settlement agreement, discharge was appropriate.

Overwaitea Food Group v United Food and Commercial Workers Union, Local 1518, 2015 CanLII 49536 (BC LA)


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Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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