Arbitrator finds offensive comments constitute harassment – but calls for reinstatement, training
A New Brunswick arbitrator has reinstated a mill worker fired for making offensive comments about Israel and Judaism to a Jewish colleague, finding that while workplace harassment occurred, the employer's investigation was flawed and termination was excessive.
Guy G. Couturier ruled on Dec. 19, 2025, that Ethan Chamberlain should return to Lake Utopia Paper following a four-month unpaid suspension and sensitivity training.
The case tackles a pressing challenge for Canadian workplaces: where does political discourse end and harassment begin, particularly around the Israel-Palestine conflict?
Discussion of Israel, Gaza
On April 28, 2025, Chamberlain was working as a shipper when Igor Marichev, a truck driver and Israeli permanent resident, arrived to pick up a load. What began as election day banter escalated into a contentious discussion about Israel, Zionism, and Gaza.
During their exchange, Chamberlain made several statements the complainant found offensive, including telling Marichev that Jews were directly involved in the killing of Jesus and alleged Israeli foreknowledge of 9/11. The conversation grew heated when Marichev tried to explain Israel's position.
Chamberlain then told Marichev words to the effect of "If you don't want to hear other people's opinions, you can shut your mouth and fuck off," according to the arbitrator's findings. Marichev testified this happened multiple times and said, "What hurt me [is] when someone tells me to fuck off from here, a few times.”
Back in November, Air Canada said it was reviewing a complaint from a Toronto passenger who reported observing a flight attendant wearing a pin shaped like Israel but coloured in Palestinian colours and featuring an image of Al-Aqsa Mosque.
Workplace investigation under scrutiny
The employer retained investigator “MM,” a former police officer with 36 years' experience who had conducted over 1,000 interviews. However, Couturier found significant procedural problems.
The investigator never provided Chamberlain with a copy of the complaint, transcript of Marichev's interview, or opportunity to listen to the recording before questioning him. The arbitrator noted the investigator used leading or suggestive statements with Marichev and suggested words when the complainant struggled to describe what happened.
Couturier determined the investigation lacked fairness, particularly given the Safe and Respectful Workplace Policy's commitment to investigate complaints "in a timely and fair manner where appropriate in the circumstances." The policy defines workplace harassment as "engaging in any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health and safety of an employee in a workplace."
Balancing severity and proportionality
Expert witness Bernie Farber testified about antisemitism, stating that the accusation of Jews killing Jesus represents "not only antisemitism, but is a foundation stone of antisemitism in the western tradition." He emphasized that "voice, tone, context" all matter in assessment.
Couturier agreed harassment occurred, finding Chamberlain's comments "threatened" Marichev's emotional health under a "fair, large and liberal interpretation" of the policy. The arbitrator concluded the violation was "not as minor or trivial as the union suggests" but also "does not warrant" the maximum penalty of termination.
The arbitrator noted Chamberlain's clean disciplinary record, four years of service, genuine remorse, and offer to apologize and take training. Couturier ordered reinstatement following a four-month suspension without wages or benefits and "successful completion of any reasonable sensitivity training course provided by the Employer."
