When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process

Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV reporter at a sports match, does not mean that the firing is legally justified, a recent case illustrates.

A hydro employee fired in May for hurling obscenities at at TV reporter has been rehired, according to a Canadian Press story.

The employee, an assistant network management engineer with Hydro One, was fired in connection with the incident at a Toronto FC game.  A media firestorm ensured, with many Internet commentators and others calling for his firing.  Hydro One did dismiss him, citing violations of its employee code of conduct.

It is not clear whether an arbitrator ordered Hydro One to reinstate the employee, or whether Hydro One did so as part of a settlement.

The case raises the thorny issue of when employees can be disciplined or fired for off-duty conduct.  At the very least, the employee’s rehiring shows that what may seem obvious to members of the public – that vulgar, offensive and/or harassing off-duty conduct justifies firing – may not always be legally correct.

The Canadian Press story, reported on The Globe and Mail Website, can be found here.

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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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