By Jeffrey R. Smith
Jun 26, 2025
A British Columbia arbitrator ordered BC Pavilion Corporation to reinstate a long-serving event host who was fired for breaching protocol by physically escorting a concert guest out of a tunnel and failing to involve security. While the worker acknowledged his poor judgment, management delayed addressing the incident for nearly a month, failed to show him the surveillance footage, and continued to let him work unsupervised. The arbitrator found the misconduct was a momentary lapse of judgment, not premeditated violence, and that the worker’s 10-year discipline-free record and post-termination apology were mitigating factors. Termination was deemed excessive, and the worker was reinstated with no loss of seniority, though suspended from the termination date until the arbitration decision. Michael Penner of Kent Employment Law noted the case highlights the need for employers to clearly communicate policies, enforce them consistently, and act promptly when investigating incidents.
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