Worker's displeasure with new manager boiled over
For this edition of You Make the Call, we have the story of an employee who let her temper get the best of her in front of her manager.
The worker was employed at a liquor store at the Coast Hospitality Inn in Port Alberni, B.C. The worker had been with the hotel for three years and had five years’ previous experience working at liquor stores. Her job at the hotel’s liquor store involved ensuring there was an adequate supply of liquor at all times for service within the hotel and customers who wanted to purchase it onsite.
In April 2016, a new manager came to the hotel, bringing some change with him. The manager tried to connect with staff members but some were resistant to the changes, including the worker. Around the same time, the worker was given additional responsibility, leading to more paperwork and administrative duties. She also felt the manager had been disrespectful towards her, claiming he once told her she “walked like a whale.”
In late June, the manager learned that 21 pallets of assorted liquors had been ordered for the July 1 long weekend. He felt this was a little too much as it might be difficult to find space to store it all. He spoke to the employee who had placed the order — who was a close friend of the worker — to ask what was happening to warrant such a large order. However, the employee was busy so the manager decided to talk to her later. He had no other issues with the employee as he felt she was a good employee.
Later that week, the manager found the employee who had placed the order with the worker in the cooler. He explained he was concerned about the number of pallets ordered as well as the prices being charged. The worker disagreed, as there was a large baseball tournament taking place in Port Alberni and many of the players and spectators were guests at the hotel. The discussion became “animated and loud,” and while he questioned the employee who had placed the order, the worker shouted “bulls--t” at him. The manager was stunned.
The worker followed this up by shouting “you are a f---ing idiot,” crumpling up a piece of paper and throwing it at him while standing a few feet away. She then turned away and walked out the door.
The manager later testified he was shocked and stunned, saying it was the “most embarrassing moment of his life.” He reported the incident to the union shop steward and his bosses, who were concerned with the worker’s language and actions in the workplace.
After thinking about it for a few days, the manager decided to terminate the worker’s employment. The worker was off for a few days due to the work schedule, and when she returned, she came to the manager to apologize. However, before she had the chance, the manager stopped her and told her he could no longer trust her. He gave her a letter the next day stating she was being terminated for “attempting to undermine the authority of management” by interrupting the manager, swearing at him, throwing paper at him, and ignoring attempts to de-escalate the situation. The letter concluded that the worker was guilty of insubordination and harassment.
You Make the Call
Was there just cause for dismissal?
OR
Was dismissal not justified?
If you said dismissal wasn’t justified, you’re right. The arbitrator recognized the manager’s priority in establishing and maintaining a balanced and collaborative work environment and the worker’s behaviour — acting in “an aggressively insolent manner, not only verbally, but physically” followed by storming out — was unacceptable and deserving of discipline.
However, the arbitrator noted that the worker went to the manager to apologize once she was back at work, showing that she realized the seriousness of her misconduct, but she wasn’t given the chance as the decision had already been made to terminate her employment. Given her responsibilities and the stress she was under, as well as the lack of any other serious issues in her employment record, the arbitrator found dismissal was an excessive response.
The worker was ordered to give the manager a written letter of apology and the hotel was ordered to reinstate the worker effective the start of her first weekly shift after she provided the apology.
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