Employee with history of brusque behaviour taunted co-worker, leading to shouting match
This instalment of You Make the Call features an employee who used foul language and insulted co-workers.
Frank Vautour, 49, worked at a breadmaking facility in Moncton, N.B., starting in 1989. In 2003 the facility was bought by Canada Bread Company. Throughout his time there, he had a habit of calling co-workers names and using crude language.
In July 2008, Vautour was suspended for three days after telling a supervisor he would put his foot in the supervisor’s “arse” after the supervisor touched him. In August 2010, he received a one-day suspension for taking an unauthorized break after being told not to. He was warned that any further disciplinary incidents would result in termination of his employment.
On April 15, 2011, Vautour was walking towards his workstation after lunch when he met a co-worker. Vautour said hello and another worker nearby, David Bourque, commented that “it must be nice to be called by your name, most of us are called (two expletive terms).”
Vautour went to his supervisor and complained about such treatment from a co-worker and the supervisor told both of them to stay away from each other.
However, near the end of the shift, Bourque thought he heard Vautour tell another employee he was going to wait for Bourque outside after the shift and beat him up. Bourque confronted Vautour and called him a bully, saying he wasn’t afraid of him. Vautour then taunted Bourque, calling him a chicken.
When the supervisor came to investigate, he saw the two men standing close to each other. The supervisor told Vautour to go home and Bourque to go into his office. When Vautour arrived home, he called the supervisor to make sure he wouldn’t get into trouble for something he didn’t start.
Three days later, Bourque gave a statement about the incident, to which he added that Vautour had called him vulgar names in the past. The company considered it a harassment complaint. Vautour also gave a statement and filed a harassment complaint against Bourque.
Canada Bread investigated the complaints by interviewing several witnesses, though Vautour wasn’t given a copy of Bourque’s complaint, and couldn’t attribute fault for the incident to either man. Though both admitted they should have handled the situation differently, Canada Bread felt both should be disciplined for participating in unacceptable work behaviour and issued a one-day suspension to each man. However, because of Vautour’s previous discipline and warning, Canada Bread felt this discipline tipped the balance against Vautour. His employment was terminated on April 25, 2011, for workplace harassment.
You Make the Call
Should Vautour have been terminated?
OR
Did he warrant lesser discipline?
If you said Vautour should not have been fired, you’re right. The arbitrator found Canada Bread’s investigation was flawed in that it didn’t provide Vautour with a copy of the complaint against him, denying him a chance to address it. The company also failed to release the results of the investigation to Vautour and offered him no chance to respond.
The arbitrator agreed that on the surface, the discipline for both Vautour and Bourque should be the same, as there was no blame established for starting the altercation. He also noted Vautour had complained about Bourque insulting him earlier, but not much was done. However, given Vautour’s two previous suspensions, he warranted more serious discipline. But those previous suspensions weren’t enough to trigger termination, said the arbitrator, because Vautour’s good work record, long service and remorse over the incident required progressive discipline.
“The employer did not establish that (Vautour) had a pattern of behaviour or a consistently bad work record,” said the arbitrator. “I do not accept the assertion of the employer that the act in question amounted to a culminating incident that warranted dismissal.”
Canada Bread was ordered to reinstate Vautour with a five-day suspension and compensation for lost wages. See Vautour v. Canada Bread Co., 2011 CarswellNB 387 (N.B. Arb. Bd.).
