Firefighter suspended for two weeks after scrap with captain
A 14-day suspension for fighting with his captain was sufficient discipline for a Toronto firefighter, the Ontario Arbitration Board has ruled.
Ward Burchell joined the Toronto Fire Service in 2003. He was later assigned to a crew and truck headed by a Captain Heisler and remained a member of that crew for two years. Though Heisler gave Burchell positive performance appraisals, Burchell felt Heisler was harassing him with unfair criticism and Heisler believed in exercising strong authority, so they quickly grew to dislike each other.
Burchell often challenged Heisler’s authority and Heisler’s treatment of him came from a combination of hazing and dislike of his attitude. In June 2005, both firefighters filed complaints against each other. An investigation couldn’t find evidence of either and Burchell transferred to another truck and crew in 2006.
In June 2005, the two had an argument in the parking lot, during which Burchell allegedly said he would “get” Heisler one day. Heisler reported the threat and Burchell responded by saying it was a lie and a “pre-emptive attack” on him. Other arguments followed and the two men usually tried to stay away from each other. The Fire Service dealt with complaints on a case-by-case basis.
On Sept. 20, 2008, a shortage of available firefighters led to one truck being taken out of service and Burchell being assigned to Heisler’s truck. After returning to the fire hall after a call, Burchell went up a set of stairs to the living quarters. Heisler claimed he was behind Burchell on the stairs when Burchell opened the heavy metal door to the quarters and closed it in Heisler’s face. Heisler called Burchell a vulgar name and words were exchanged.
Heisler cautioned Burchell to let it go and tried to push past Burchell, but Burchell bumped him. Heisler put up his hands to Burchell’s chest and shoulder to stop him but, according to Heisler, Burchell then sucker punched him in the face. Heisler then claimed Burchell jumped on him and started punching him, then started smashing his head to the concrete floor. Another firefighter came into the room and heard Burchell say “had enough” before getting off Heisler.
Burchell claimed no-one was behind him on the stairs and heard the insult when he opened the metal door. He claimed it was Heisler who attacked him and started throwing punches, and he ended up on top of Heisler as self-defense. He said he asked Heisler if he’d had enough to see if he’d stop.
Both men sustained injuries in the fight, though Heisler’s were more serious. Heisler had been planning to retire in January 2009 and did not return to work.
The Fire Service investigated the matter and interviewed both men. It couldn’t determine if one was more responsible than the other, given their acrimonious history, so both men were given 14-day suspensions.
The board found both men contributed to the animosity, as Heisler went out of his way to be hard on Burchell but Burchell tried to “demonize” Heisler and his commanding style. However, it found Heisler’s account of the fight to be more credible. Burchell’s account had some inconsistencies, as he later told police Heisler had slammed the door in his face. Burchell also told police Heisler was too far behind him to hold the door open but later testified he didn’t see anyone behind him. Burchell also suggested Heisler purposely injured himself after the fight to increase the case against Burchell.
The board found Burchell’s account of the events was not reliable and this made it likely he tailored his story to reduce his responsibility. It upheld the suspension and dismissed the grievance. See Toronto (City) v. Toronto Professional Fire Fighters’ Assn., 2011 CarswellOnt 10249 (Ont. Arb. Bd.).
