Worker ignored warnings to stop; misconduct witnessed by supervisor and co-workers
An arbitrator has upheld the dismissal of an Ontario meat processing plant worker who repeatedly threw fat from cow carcasses at a co-worker.
Said Mohamed was hired as a general labourer and steam vacuum operator by Cargill, a Winnipeg-based food processing company, in September 2012. Mohamed worked at one of Cargill’s Ontario facilities on an assembly line. His job involved standing on a platform cleaning hanging cow carcasses. He had one written warning for harassment on his disciplinary record.
One of Mohamed’s co-workers performed a different function on the assembly line and was stationed below and to the side of Mohamed. In January 2014, the co-worker noticed pieces of fat falling on him from above. He initially thought it was an accident, but when he looked up, Mohamed was staring down at him. This happened several times and one time when the co-worker looked up, he said Mohamed made a rude gesture with his hand. Eventually, the co-worker said he told Mohamed to stop, but Mohamed responded by grabbing his crotch in another rude gesture.
Mohamed continued to throw fat at the co-worker, who eventually got sick of it. He estimated Mohamed was throwing as much as 80 pieces of fat at him over the course of a shift. He asked Mohamed if he had a problem with him and Mohamed responded, “don’t act like a tough guy.” He later told the co-worker to shut up and “if you want to fight, let’s fight right now.” Another employee told them not to fight, but the co-worker was feeling bullied at that point.
An employee nearby noticed Mohamed throwing fat at the co-worker and making rude gestures at him. He told the supervisor about it and the supervisor contacted human resources. They met with Mohamed, who denied he was intentionally throwing fat at the co-worker. He explained pieces of fat would get stuck in the vaccuum and he would dislodge them and throw them to the ground. The supervisor told Mohamed the pieces should be slid to the ground, not thrown.
Concerned with safety issues from excess fat on the ground, the supervisor started monitoring Mohamed. He saw Mohamed clearly throwing fat at the cow-worker and hit the co-worker in the helmet. The supervisor yelled at Mohamed to stop and contacted human resources. Later that same day, the co-worker reported Mohamed’s suggestion they fight.
Cargill determined that Mohamed had thrown “a substantial amount of fat” at his co-worker over multiple shifts. In addition to the co-worker, another employee and the supervisor had both reported seeing it happen. Cargill considered this a serious safety issue since the fat on the floor could cause someone to slip. The company had zero tolerance for safety violations and its written policy explained progressive discipline would not be applied to such situations. In addition, if government inspectors or customers came to the facility and saw what was happening, it could harm Cargill’s business.
Cargill also considered Mohamed to have lied during the investigation when he denied throwing the fat and saying it had simply fallen.
Cargill was also concerned that Mohamed’s conduct amounted to harassment of his co-worker. Employees were trained annually on the company’s obligations under Ontario’s Bill 168 harassment and workplace violence law, so Mohamed ought to have known such behaviour was unacceptable.
Cargill terminated Mohamed’s employment on Jan. 28, 2014. Mohamed continued to deny any misconduct.
The arbitrator found the co-worker, supervisor, and other employee were credible witnesses and had no reason to lie. Mohamed’s denial of any misconduct couldn’t stand up in the face of the other accounts, said the arbitrator.
The arbitrator also found by throwing fat at his co-worker, Mohamed created a safety risk. By making rude gestures at the co-worker and suggesting a fight, he was harassing and threatening the co-worker as well. Since Mohamed never acknowledged his misconduct or apologized, it was likely he would engage in similiar misconduct in the future, said the arbitrator.
