Previous incidents characterized as ‘just a couple of guys arguing’ at work
A British Columbia concrete mixer driver who repeatedly struck a coworker in a lunchroom altercation captured on video has been reinstated to his position, with an arbitrator ruling that his employer's failure to address years of racist harassment and workplace aggression contributed to the violence.
Jesse Chatha was terminated from BURNCO Rock Products on Oct. 29, 2024, after punching colleague “GB” multiple times on company premises. Despite video evidence and witness testimony confirming the assault, arbitrator Amanda Rogers substituted the termination with a six-month suspension, finding that significant provocation and the employer's inconsistent policy enforcement made dismissal excessive.
The driver had worked for the ready-mix construction materials company for 7.5 years without any prior discipline.
Years of complaints dismissed as ‘guys being guys’
The Oct. 22, 2024 incident followed years of documented conflict between Chatha and GB. Evidence showed GB had made racist comments toward Chatha, including stating he didn't like "your kind" during an October 2023 confrontation. That earlier incident resulted in only a written warning for GB.
Other employees reported similar experiences with GB. One worker detailed how GB repeatedly told him to "punch me" and made threatening gestures in July 2024. Another employee reported that GB called him a "fucking fag" and made obscene gestures in August 2024, but no investigation followed.
Driver supervisor Barry McMeeken acknowledged receiving reports about GB's behaviour but characterized various incidents as not that or "just a couple guys arguing at a job site." When Chatha reported concerns about GB's conduct, McMeeken's response was that GB "doesn't mean it like that," according to testimony.
Physical altercation ‘worse ever seen’ at work
On the day of the termination incident, GB arrived at the Langley facility and confronted Chatha in the lunchroom, saying, "You fucking called HR on me motherfucker" and "You started this thing." Multiple witnesses reported GB made racist comments and repeatedly challenged Chatha to hit him, stating "Let's go motherfucker" and "Punch me motherfucker."
The physical altercation that followed was captured on security cameras. General manager Jim Coles described it as "probably the worst fight [he'd] ever seen in the workplace." GB required medical treatment and took several days off work following the incident.
Rogers found the employer's response to prior incidents undermined its zero-tolerance position. The decision noted that Burnco's Respectful Workplace Policy stated that "Managers will take all reasonable steps to prevent and effectively deal with workplace violence, harassment and discriminatory treatment" and "Managers will watch for warning signs of potential violence." Employer accountability outweighs employee misconduct
Rogers acknowledged the seriousness of Chatha's actions but found multiple mitigating factors, including his clean disciplinary record, the isolated nature of the incident, and the element of provocation. She noted the company had invested "tens of thousands of dollars" in respectful workplace training but failed to consistently enforce its policies.
Termination considered excessive
In her ruling, Rogers wrote: "I find the evidence supports that if the employer sufficiently and appropriately addressed GB's behaviour earlier, the altercation with the grievor would never have happened."
She found that while Chatha's conduct warranted serious discipline, termination was excessive given the circumstances.
The grievance was partially allowed, with Chatha reinstated and made whole for the difference between termination and the six-month suspension. GB's dismissal proceeding went to a separate arbitration.
