Skip to content

Brought to you by

Dentons logo

Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Canadian Occupational Health & Safety Law

  • Home
  • About Us

Threats of violence, one day after “sensitivity training”, get worker fired for cause. He “may have a problem with women in the workplace, especially women managers”, says arbitrator

By Adrian Miedema
March 14, 2017
  • Caselaw Developments
  • Violence and Harassment
Share on Facebook Share on Twitter Share via email Share on LinkedIn

A worker who said, “If anything ever happened, like losing my job, I’d have no problem coming in here and shooting them”, a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an arbitrator has decided. The worker, a fare collector, had taken the training after giving the finger to an “obstreperous customer”.

He made the “shooting them” threat while speaking with a coworker about the materials from the training session, to which he remarked, ” Can you believe this?”  After the coworker tried to make light of the situation, the worker said that he would kill only managers, not union employees.

The coworker reported the threat to management, who then fired the worker, who filed a union grievance.

The arbitrator found that the worker had made the threat, despite the worker’s denial.
The coworker had no motive to make false allegations. The two employees had had a friendly relationship.

Despite the worker’s 25 years of service, the arbitrator decided that the employer had just cause for dismissal. The worker never admitted the threats nor apologized. He had a disciplinary history including discipline for an incident in which he was unable to control his anger. Significantly, he made the threats one day after taking sensitivity training designed to help him control his anger and understand the seriousness of workplace violence. He also had an unfounded view that female employees were conspiring to get him, showing that he “may have a problem with women in the workplace”.  All of these factors “did not bode well for the future” were he to be reinstated.

Toronto Transit Commission v Amalgamated Transit Union, Local 113, 2017 CanLII 11071 (ON LA)

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
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.

All posts Full bio

RELATED POSTS

  • Violence and Harassment

“Arbitrators have recently shown a decreasing tolerance for threats or violence in the workplace”: Ontario Arbitrator

An employee who was dismissed after threatening management in a suspension meeting was not entitled to reinstatement – even though […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

WSIB Age Cut-off for Loss-of-Earnings Benefits not Discriminatory Against Older Workers: Court

Ontario’s Divisional Court has decided that the Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits for […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Professional engineer with “significant safety background” who sent “abhorrent e-mails”, loses safety-retaliation case

A professional engineer who engaged in an “over the top, aggressive” argument with an established member of management, has lost […]

By Adrian Miedema

About Dentons

Dentons is designed to be different. As the world’s largest law firm with 20,000 professionals in over 200 locations in more than 80 countries, we can help you grow, protect, operate and finance your business. Our polycentric and purpose-driven approach, together with our commitment to inclusion, diversity, equity and ESG, ensures we challenge the status quo to stay focused on what matters most to you. www.dentons.com

Dentons boilerplate image

Twitter

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo

© 2022 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site