
2006 PSLRB 66
Termination – Assault at employer-sponsored social event – Mitigating factors insufficient – Credibility – Lack of remorse
The grievor was employed as a full-time seasonal greens-keeper -- he was terminated after committing an assault on a fellow co-worker following a golf tournament organized by the Staff of the Non-Public Funds, Canadian Forces (the employer) – the co-worker testified that the grievor, unprovoked, poked him in the eyes and punched him on both sides of the face, at which time he fell to the floor -- he further testified that the grievor then proceeded to kick him in the face and mouth before stomping on both his left and right shoulder – the co-worker managed to call 911 and was later transferred by ambulance to St. Joseph’s Hospital, where he received treatment -- the grievor was arrested and charged with assault -- the grievor testified that the co-worker was the aggressor, hitting him first and making disparaging remarks about his parents, and that he finished the fight – he admitted hitting the co-worker three times, once in the face and twice in the kidneys -- the adjudicator ruled that the testimony of the co-worker was more consistent with the injuries he had sustained and was supported by testimony from other employees who witnessed the grievor’s injuries, which injuries appeared to be sustained from him resisting arrest and not from the altercation with the co-worker – the adjudicator therefore ruled that the co-worker’s account of the events was more reliable -- the adjudicator ruled that the grievor refused to accept responsibility for his actions and there was no real remorse exhibited that might mitigate the punishment imposed by the employer – the employer has proven just cause to terminate the grievor.
Grievance dismissed.