Fired Without Warning: How Fire Axe Jokes Led to Termination
Can You Be Fired Without Warnings?
The Federal Public Sector Labour Relations and Employment Board recently dismissed a former Canadian Coast Guard worker’s grievance arising out of being terminated for continuously making threatening comments while on duty abroad an icebreaker ship. This is despite the fact that there was none of the usual progressive discipline prior to termination. While this is in the unionized context, it carries important lessons for non-unionized workers as well. Terminations for cause or wilful misconduct can seriously limit any potential entitlements employees might have.
Here, the employee, a Chief Petty Officer/quartermaster exhibited a course of repeated violent threats, allegedly as sarcastic comments. He made constant reference to attacking co-workers with a fire axe and other acts of violence. This was even after he was warned multiple times by deck officers to stop.
Is Progressive Discipline Always Required?
Context is important here. These threats were made in an isolated workplace where the referenced weapon, a fire axe, was easily accessible. The employee made repeated references to using the fire axe for violent acts. This is not to say that threats of violence could not constitute cause to terminate in less isolated workplaces. But the courts have consistently emphasized the importance of context in justifying a termination for cause.
It is extremely rare to find a case where an immediate termination for cause can be justified on the basis of underperformance or minor misbehaviour at work. An employer would generally need to establish a paper trail of progressive discipline, and even then, it could be an uphill battle. When it comes to acts of dishonesty or violence and threats thereof, a serious enough incident could immediately destroy the trust needed for the employment relationship to continue.
Employees should be sensitive to how their actions, even if just ‘jokes’, may be perceived by others. While some banter can contribute to a positive and friendly workplace is beneficial, threats of violence (including jokingly) carry a real risk of leading to termination of employment, and potentially limiting your entitlements or removing them entirely.
Need Legal Advice?
If you find yourself in hot water owing to such comments at work, note that the bar to terminate for cause is still a high one, and the employer may not have the arguments it needs to succeed on such a claim. It may still be possible to secure a favourable settlement package with the help of an experienced employment lawyer. If you have any questions regarding terminations without progressive discipline, please contact Whitten & Lublin online or by phone at (416) 640-2667 today.
Author – Sohrab Naderi