Heated argument leads to firefighter’s firing

The City of Hamilton, in Ontario, dismissed Elliott on Sept. 11, 2012, on various grounds after Elliott’s argument with a co-worker on Aug. 4 and another incident involving the same co-worker three days later.

Aug. 4 was a Saturday, the day the fire station was scheduled to be thoroughly cleaned. Fellow firefighter John McCarthy confronted Elliott, saying he did not believe Elliott had not done his share of cleaning. The two men started arguing and the argument quickly became personal in nature.

Elliott walked away from the argument and into the station’s kitchen. McCarthy followed him. The argument continued and escalated. According to McCarthy, Elliott approached him and shoved him out of the way, first with his stomach and chest and next with his shoulder and forearm.

The station’s captain intervened at this point, telling both men to end the argument. Elliott turned to face McCarthy, and McCarthy punched him in the face. McCarthy testified he believed Elliott’s movement was an act of aggression.

As the captain stepped in between Elliott and McCarthy to separate them, Elliott reached forward to slap McCarthy in the face, reportedly saying "we’re even."

Elliott testified he pushed past McCarthy because McCarthy was hovering over him, blocking his path and refusing to move out of the way.

Following the incident, a discussion was held and the parties involved agreed to keep the incident "in house" and not report it up the chain of command. Everyone worked the remainder of the shift.

A few days later, on Aug. 7, the station crew attended a gas leak. According to Elliott, his fellow firefighters were teasing him about his bruised eye. Elliott eventually became annoyed, telling a co-worker "I was at the zoo and got hit by a monkey."

McCarthy, one of only two black firefighters in the Hamilton fire service at the time, was informed of the comment. After returning to the station McCarthy approached the fire captain and told him Elliott needed to move to another station, saying he could no longer work with Elliott.

"You need trust in the type of work we do," McCarthy testified. "If you go into a fire with someone you don’t trust, you can’t do your job... If he doesn’t see me as human, how can I expect him to help me?"

Written statements were taken and the employer began its investigation. Following the investigation, McCarthy was issued the equivalent of a five-day suspension for his part in the Aug. 4 confrontation. Elliott was dismissed.

Elliott’s union — the Hamilton Professional Fire Fighters Association — agreed there was cause for discipline but argued dismissal was excessive. The union called for Elliott’s reinstatement with significant compensation.

According to the union, Elliott was not the aggressor in the Aug. 4 incident. McCarthy followed Elliott when he tried to walk away and McCarthy was the first to become physical.

Elliott’s comment on Aug. 7 was offensive, the union conceded, but he later apologized. There is no evidence Elliott bears any hostility to any of his co-workers or supervisors and there is no poisoned atmosphere, the union said.

The employer, however, argued the incidents in question involved the threat of violence with a racial component. Elliott never took responsibility for his actions, the employer said, and there is nothing to suggest there is any chance of rehabilitation or that there are other mitigating factors that should outweigh the decision to terminate.

While arbitrator James Hayes agreed Elliot’s conduct was blameworthy, he found no evidence Elliott has any hostility towards his colleagues or managers.

"Elliott should not regard the result of this arbitration as any kind of personal vindication." Hayes said. "I do not accept that the grievor has irredeemably poisoned his work environment or that there is no reasonable likelihood that he will be unable to resume his career in an acceptable manner."