Employee stalks citizen in company car

Brad McDonald was terminated after he followed and threatened a citizen in a company vehicle during working hours.

Before his dismissal, McDonald worked as a customer service technician for Fortis Energy in Vernon, B.C. According to the employer, McDonald’s misconduct and his dishonesty during the employer’s investigation of the incident was just cause for discharge. The employer argued the employment relationship was irreparable.

The union — while it conceded McDonald’s actions qualified as serious misconduct — maintained that the termination of a long-service employee was an unwarranted response considering the mitigating circumstances.

On the morning of the incident — May 22, 2014 — McDonald received a series of text messages from his wife. She was called into a meeting with management at her place of employment and was issued a suspension from work.

McDonald testified he became very upset following his wife’s news. He placed telephone calls during the noon hour to obtain contact information for the Employee Assistance Program as he was feeling distressed.

McDonald’s movements following those phones calls were recorded by the company vehicle’s Automated Vehicle Location system. He briefly visited his wife’s place of work before serving a notice at a customer address. McDonald then returned to his wife’s place of work and waited in the parking area from 3:26 p.m. to 3:48 p.m.

At this time, his wife’s supervisor, Chelsea Argent, got into her vehicle and exited the parking area. McDonald followed.

Argent testified that as she pulled out of the lot, she noticed a vehicle following her. She called a colleague, who suggested she make some lane changes to determine whether she was, in fact, being followed. Argent changed lanes and the vehicle continued to pursue her. She made a U-turn to take down the licence plate number of the vehicle and saw that McDonald was looking at her.

He pointed two fingers at his eyes and then pointed them at her, mouthing the words, "I’m watching you."

Argent called 911 and described the incident to an officer, explaining the situation and providing McDonald’s address. A police officer attended McDonald’s home that evening and warned him that if he persisted, he would face criminal charges.

The next day, McDonald reported to the Fortis Energy office and told a supervisor he had seen his wife and another man in a vehicle. He had followed them, he said, because he felt the need to protect her. McDonald made no mention of his wife’s suspension, her supervisor or the involvement of police. He took several days’ sick leave.

Argent contacted Fortis Energy on May 27 to make a complaint against McDonald. McDonald was suspended with pay pending an investigation into the incident. He was discharged on June 11.

McDonald’s union — the International Brotherhood of Electrical Workers local 213 — grieved the termination.

The union argued the employer failed to prove the employment relationship was damaged beyond repair. The union asked McDonald be returned to work, and said it would accept counselling for anger management as a condition of reinstatement.

The employer, however, said the discharge was entirely justified.

McDonald’s offence was incredibly serious. He sought out, stalked and intimidated Argent. The triggering event leading to that misconduct was his wife’s suspension from work. That occurred in the morning, the employer said, giving McDonald hours to consider his actions. The conduct was premeditated and deliberate.

Additionally, the employer argued, McDonald was dishonest throughout the investigation and into the hearing itself.

Arbitrator R.K. McDonald agreed, saying the grievor was deceitful and displayed a lack of concern for the truth.