Threats and insults: victim impact, beyond intention

Release date: September 1st, 2008

A grounds maintenance worker challenges the one-month suspension applied to him for insulting and threatening a co-worker, under the mistaken belief that she had reported the fact that he had not punched in his time card. According to the arbitrator, the actual intention of the employee is of secondary importance; what needs to be examined is the effect of the threats on the victim. It so happens that these threats generated significant stress for the employee to the extent that the employer deemed appropriate to grant her a week’s rest. The plaintiff acted in a manner that was aggressive and premeditated, and his 20 years’ seniority do not diminish the seriousness of his action. In addition, he damaged the co-worker’s reputation by calling her an informer. The employer has an obligation to maintain a working environment that is free of insults and threats, and had to act quickly and affirmatively. The one-month suspension was not unreasonable. Union des employées et employés de service, Local 800 v. Oratoire St-Joseph du Mont-Royal (J. Toutant), DTE 2007T-1002 (T.A.) Me Richard Marcheterre


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