False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive

An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held.

Unfortunately for the employee, video evidence showed his allegation to be false.

The employee, a warehouse worker, had seven years of service and had received two prior suspensions in the previous twelve-month period.

The supervisor denied the allegation, and no witnesses supported the employee’s version of events.  Video evidence showed the corridor at the time when, according to the employee, he was assaulted.  The video showed that no such assault took place.

The arbitrator held that the evidence was overwhelmingly against the employee’s account of what had occurred. In particular, the video showed that there was no contact.  The employee had falsified the allegation against his supervisor.  This was very serious, as the allegation was that the supervisor had committed assault.  That allegation, if accepted, “could have extremely negative consequences” for the supervisor including possible criminal charges. The allegation was calculated to harm the supervisor.  The making of the allegation was so serious as to “undermine the possibility of any ongoing employment relationship”.

As such, the employee was dismissed for just cause.

DB Ontario Inc. v United SteelworkersLocal 3327, 2014 CanLII 77057 (ON 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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