Denial and lack of remorse, despite witnesses to assault, added up to just cause
A labour adjudicator has upheld the firing of an Ontario bank employee who physically assaulted her manager during an argument.
Mary Anne Downes was a part-time customer service representative (CSR) at a Royal Bank of Canada (RBC) branch in Windsor, Ont. She had worked at the branch since 2003 and had been an RBC employee since 1997.
In November 2009, a former co-worker of Downes’ became her branch manager. Downes wasn’t happy about this development as she had had issues with the co-worker while at the other branch. Upon taking charge, the manager was told by the outgoing manager that Downes was known to miss a lot of work and therefore was required to provide a doctor’s note if she was sick for three or more days.
Tension between employee and manager
Downes was off sick from Dec. 29, 2009 to Jan. 8, 2010. She provided a doctor’s note stating she was unfit for work. The manager learned Downes had taken 15 sick days in 2009 and, with advice from RBC’s advisory services group, the manager told Downes she would need a medical note for every sick day taken or she wouldn’t be paid for the day. Downes was unhappy about the requirement.
On Jan. 14, 2010, the manager went to the front of the bank to perform standard observational coaching of the CSRs. The manager noticed Downes had her purse with her while she served customers, which was contrary to an instruction that had been given to CSRs a few weeks earlier. The instruction was part of an effort to address cash shortages that had come up. Though Downes hadn’t been at the meeting, she had been told about it by other CSRs.
The manager told Downes about the requirement and apologized for not having told her about it earlier. They agreed to ask the branch operating officer about where to put the purse.
As they walked to the office area in the back, the manager heard Downes ask loudly in front of staff and customers, “Is that in case I steal?” The manager told Downes that was inappropriate and asked her to come to her office to discuss it quietly.
As they passed the operating officer’s office, Downes walked in and tried to speak to her, but the operating officer was on the phone. The manager claimed Downes then left the office and grabbed her by the right elbow, squeezing until it hurt. Downes then pushed the manager towards the manager’s office and angrily said “get into the office now.” Other employees in the office area reported seeing Downes grab the manager and push her.
The manager asked Downes to let go of her elbow and Downes responded by telling her to “go to hell, you will never speak to me that way again.” The manager told Downes to go home for the rest of the day without pay.
Downes was told not to come in the next day. The manager didn’t think the cameras — which faced the customer area — caught the incident, but several staff members in adjacent officers had seen what happened.
Downes was summoned to a meeting on Jan. 18 to explain what happened, and she said the manager had a grudge against her. She claimed there were several incidents since the manager arrived at the new branch that made Downes fear the manager was out to get her. She also said she felt humiliated when the manager told her about the new medical notes requirement.
Employee denied assaulting manager
As for the Jan. 14 incident, Downes claimed she only asked “Is this because someone thinks someone is stealing?” Downes said the manager became angry and told her it was inappropriate, and admitted she told the manager to “go to hell.” Downes claimed she had grabbed the manager’s arm because she thought the manager was going to fall after she accidentally bumped into her. Downes denied squeezing the manager’s arm but admitted it was possible she pushed her towards the office.
Downes felt RBC wasn’t interested in hearing her side of the story and she felt there was a scheme against her.
On Jan. 19, 2010, RBC terminated Downes’ employment. Downes responded by suing for wrongful dismissal, claiming the manager bullied and harassed her, the assault was trumped up and RBC didn’t investigate the incident sufficiently by checking video evidence and accepting the manager’s account without question.
The adjudicator found Downes didn’t like the manager’s management style and was annoyed with the medical note requirement, and these things may have coloured Downes’ perception of a scheme against her. Also, the recommendation for dismissal came from RBC’s advisory group, not the manager, said the adjudicator.
The other employees who witnessed the incident had descriptions similar to the manager and it was unlikely they mistook an accidental collision and innocent grab for an assault, said the adjudicator.
The adjudicator also found the cameras would not have been any help because they faced away from the offices and RBC did not need to consult the recordings, particularly since several employees were present to see and hear what happened.
