Employee sucker-punched co-worker in parking lot after shift
The firing of an employee for beating up a co-worker in the parking lot was a reasonable course of action for a Manitoba employer, the Manitoba Arbitration Board has ruled.
Cascades Boxboard, a boxboard and carton manufacturer in Winnipeg, hired John Briggs in September 2001. Over the next few years, Briggs received nine verbal or written communications about the company’s expectations for him. He also received two verbal warnings for taking unauthorized breaks and leaving without punching out and two one-day suspensions for leaving work early and disregarding orders to return to work. Briggs also received three performance appraisals that indicated he needed improvement in certain areas.
On Dec. 9, 2008, Briggs was working as a die cutter’s assistant while a co-worker was on a press machine. The two men had run-ins in the past on three occasions, where the co-worker treated Briggs rudely and told him he had no respect for him. Two of the incidents had taken place in the previous two weeks.
Early on in the shift, Briggs went to his supervisor’s office to discuss a paycheque-related issue. While they were talking, the co-worker burst into the office and interrupted them. According to Briggs, the co-worker made a comment about his pay and Briggs left. The co-worker claimed he didn’t say anything and didn’t look at Briggs. The supervisor confirmed such interruptions were frequent.
About 15 minutes after the end of the shift, the co-worker left the plant and saw Briggs waiting in the parking lot. Briggs asked him about the interruption and when the co-worker walked away, Briggs punched him in the side of the face and then kicked him when he fell down. Briggs said he “snapped” and he wasn’t thinking clearly when he attacked the co-worker.
The co-worker suffered a broken nose, broken teeth, bruised ribs and a bruised and swollen face. Briggs was charged with assault and took an anger management program as part of his sentence.
Cascades investigated the incident and Briggs admitted his actions were inappropriate and he had no excuse. He didn’t otherwise try to justify is reasons but said he didn’t want to lose his job.
On Dec. 11, 2008, Cascades decided to terminate Briggs’ employment. Briggs and the union acknowledged the seriousness of his actions but argued termination was excessive.
The board found the assault was very serious because it wasn’t a fight, but rather a blind-sided attack followed by kicking when the co-worker was down. The injuries were severe and it was unprovoked, regardless of any verbal sparring that had happened previously, said the board.
The board was also concerned that although Briggs admitted the seriousness of the attack and didn’t justify it, he didn’t explain the reason for it other than he “snapped.”
“(Briggs) admits to committing the assault, but there was nothing in his evidence to suggest that he has truly analyzed what caused his explosion of violence and there is little evidence to suggest that he is unlikely to commit an assault again,” said the board.
