By Jeffrey R. Smith
Jun 13, 2024
A long-serving B.C. worker fired for allegedly shoulder-checking his supervisor has been reinstated after an arbitrator found the employer couldn’t prove the contact was intentional. While the collision was forceful and followed days of tension, the evidence didn’t meet the threshold to justify dismissal—especially given plausible explanations that it was accidental. However, the worker wasn’t let off the hook: his dishonesty during the investigation, including downplaying the incident and withholding key details, led the arbitrator to impose a significant six-month suspension instead, underscoring that while misconduct must be proven, integrity in workplace investigations is non-negotiable.
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