Nova Scotia court outlines why progress discipline not required
A Nova Scotia court has upheld the termination of a 33-year Sobeys meat cutter who repeatedly used racist and homophobic slurs in the workplace.
The court confirmed that employers can dismiss employees for discriminatory language without progressive discipline when the conduct constitutes wilful misconduct.
Adjudicator Darrel Pink of the Nova Scotia Small Claims Court dismissed George Kordolemis's wrongful dismissal claim on Jan. 16, 2026, finding that his use of racial epithets over several months breached a Respectful Workplace Policy and warranted immediate termination despite his three decades of service.
When zero tolerance means zero strikes
The case began on Sept. 8, 2024, when Kordolemis encountered water on a cutting board left by an African-Nova Scotian part-time employee responsible for cleanup. In the presence of his manager, Kordolemis became angry and referred to the night cleaner as "a stupid” N-word. The meat manager reported the incident to store management, triggering an investigation.
Management interviewed multiple employees who worked with the manager. One part-time meat cutter testified that when referring to the night cleaner, Kordolemis used the slur again and stated this occurred "dozens of times." A seafood manager also recalled three occasions when Kordolemis used the racial slur and also heard him use a homophobic epithet when cursing at malfunctioning equipment.
The investigation revealed "inappropriate language was not a one-time issue and extended beyond a single word" and that Kordolemis “regularly impugned the character of other employees with racist epithets."
Respectful workplace policy as contract term
Sobeys maintained a Code of Business Conduct and Ethics and a Respectful Workplace Policy requiring employees to review the policies annually through an online program and sign confirmation. Kordolemis last signed his declaration in October 2023.
The policy explicitly stated that "Disrespectful or violent behaviour, discrimination, bullying or harassment of any sort by any employees of Sobeys, contractors or suppliers will not be tolerated."
The court found that the Respectful Workplace Policy was an implied contractual term in Kordolemis's employment contract. Adjudicator Pink concluded that bullying under the policy included "making attacks or derogatory statements based on someone's private life or personal traits" and that using racial slurs to refer to the night cleaner was "disparaging of his race" while calling equipment a homophobic slur was "an attack on the LGBTQ+ community."
The court cited a 2015 Nova Scotia Human Rights Commission decision stating: "The use of the word 'nigger' demeans, humiliates and asserts a dangerous sense of racial superiority. It is often dismissed as arising from anger or loss of control but that is not an answer. The demeaning language reveals an underlying disrespect and hostility. It must not be tolerated in any way and condemned at every opportunity."
Wilful misconduct without intent to harm
Kordolemis argued his conduct did not constitute wilful misconduct under Section 72 of Nova Scotia's Labour Standards Code because he did not intend to harass anyone. The court rejected this argument, citing a recent Labour Board decision involving Sobeys that found: "All that was required for his statement to be 'wilful' in this circumstance was that he intended to make it. 'Wilfulness' does not require that he intended to enact sexual harassment."
Progressive discipline, typically required before termination, was deemed unnecessary. The court cited a 2020 labour arbitration decision in confirming that "when the conduct is manifestly serious, a warning, suspension or education/training will not be required because the conduct was so offensive that it shattered the core of the employee's obligations to the employer and fellow workers and undermined the trust that is essential to maintain an employment relationship."
The court also quoted the earlier decision in confirming that any use of demeaning racial or ethnic slurs constitutes "very serious misconduct falling within the category of workplace offences that prima facie justifies termination of the employment relationship," regardless of employment tenure.
