Worker yelled and swore at people in vehicle trying to avoid blocked highway
An arbitrator has upheld the firing of an Ontario road worker who was rude and used foul language with the public.
Stan Eastman worked for TWD Roads Management, an Ontario company that provided road maintenance for municipalities across the province. Hired in 2005, his job was to maintain roads and assist in traffic operations when roads were closed for maintenance activities. He and his emergency response crew were also asked to assist police when accidents or other unexpected situations blocked highways.
Eastman had two instances of discipline over his first five years on the job, including one in November 2010 for using abusive language when dealing with a member of the public. Eastman was warned that failure to deal with the public in a professional manner could lead to future discipline “up to and including dismissal.”
TWD didn’t provide training on how to deal with the public, but Eastman’s employment contract, which he had signed when hired, indicated he must be “helpful, friendly and courteous at all times to members of the public.” He had also been told to avoid confrontation.
On June 18, 2011, Eastman and his crew were working on regular road maintenance. Eastman was driving a TWD pickup truck when he received a call to help police with an accident that blocked another highway nearby. Several cars were backing down an entrance ramp and Eastman parked at the bottom of the ramp to prevent this unsafe practice.
Eastman got out of his truck and approached a van backing down the ramp. He banged on the side of the van, leaned in the passenger window and started swearing and yelling at the occupants to get back on the highway. He threatened to call the police and have the driver charged.
Later, Eastman was in his truck and saw the van again. The occupants claimed he yelled and swore at them again. They called TWD to complain about Eastman’s behaviour.
TWD asked Eastman to file a written statement about the incident and Eastman said he “may not have used the best judgment in my choice of language” but he needed to deal with a dangerous situation and wanted to express the urgency. He also denied touching the van.
On Aug. 1, TWD terminated Eastman’s employment, particularly in light of his previous warning for using abusive language. When told of the termination, Eastman said “they f--king well deserved it.” The union grieved the termination, arguing Eastman was honest and forthright with TWD, the situation was dangerous and profane language was common in the workplace.
The arbitrator found that although the van was committing “a dangerous and illegal act,” there was no provocation or reason for Eastman to use such language. The arbitrator also noted Eastman did not try to apologize for his behaviour. In addition, Eastman tried to justify it by emphasizing the danger and urgency of the situation. He even persisted after he was fired, claiming the people in the van deserved it.
“I cannot but conclude that he is oblivious to the need to extend common courtesy to members of the public with whom he must come into contact as a representative of his employer,” said the arbitrator.
