Supervisor started fight but worker egged him on, says board.
An Ontario worker’s suspension for a physical altercation with a supervisor has been reduced because of the supervisor’s role in escalating the situation, the Ontario Arbitration Board has ruled.
Edward Noseworthy was a warehouse worker for Sobey’s in Whitby, Ont. During his first three years with the company, Noseworthy had some attendance problems, including a five-day suspension for excessive absenteeism. He had no discipline for any other issues.
On March 20, 2008, Noseworthy was going around the workplace collecting money from employees for a draw that was done every payday. When he returned from another department, his supervisor told him to begin working on bags of potatoes. Since other supervisors had allowed him time to collect the money, Noseworthy replied, “What’s the hurry? It’s not the end of the world.”
The supervisor, who was a large man and had a reputation as a bully, responded, “It will be the end of yours.”
Noseworthy, who was familiar with the supervisor from a previous job, told the supervisor to “bring it on” and the supervisor rushed at him and grabbed him. The two men grappled and Noseworthy said he was going to trip the larger man but decided not to because it might make things look like he started it.
Another supervisor arrived and ordered the men to stop fighting. Noseworthy and his supervisor said the scuffle was “a bit of tomfoolery” and wasn’t serious, but other employees watching said the situation had been escalating.
Sobey’s fired the supervisor and suspended Noseworthy for 10 days for engaging in horseplay at work.
The board found the supervisor was “totally at fault” for attacking Noseworthy and his behaviour was unprofessional. He should have dealt with Noseworthy’s challenge in a more businesslike manner, it said.
However, the board found Noseworthy had some responsibility for the escalation of hostilities in the situation by challenging the authority of the supervisor, whom he knew had a reputation for getting angry. He followed it with an open challenge, baiting the supervisor into starting a fight. The fact Noseworthy said he thought about tripping the supervisor during the fight but decided not to indicated he was thinking clearly at the time and therefore should have known what was likely to happen because of his comments.
“(Noseworthy) was partly to blame for what occurred and there is no excuse for instigating violence in the workplace,” the board said. “He should have considered his comments carefully when being confronted.”
