Mental health accommodation hits limits when employee threatens to kill coworkers

A British Columbia sawmill worker's termination for uttering a workplace death threat was upheld by an arbitrator, even though the employer had previously accommodated his mental health condition through an extensive return-to-work agreement with psychiatric monitoring and weekly check-ins.

Arbitrator Randall J. Noonan ruled Jan. 2, 2026, that West Fraser Mills' decision to dismiss Clayton Kinder was not excessive, despite Kinder's 13-year service record and the employer's significant accommodation efforts following a 2022 mental health crisis.

The case turned on whether Kinder made the comment "I could kill people in the sawmill" to a new employee he was training on Jan. 30, 2024. Kinder categorically denied making any such statement throughout two investigation meetings and at the arbitration hearing.

When accommodation meets workplace safety

The incident occurred during Kinder's first interaction with Tristen Owen, a recently hired employee assigned to work the planer bins. Owen testified that after he told Kinder he had already been trained on bins in the sawmill, Kinder's mood "shifted" and he made the threatening comment. Owen reported feeling unsafe and asked to be reassigned.

Kinder had no prior relationship with Owen. The two had never worked together before that morning and had no interaction outside the workplace. Owen testified the comment was "clear as day" despite suggestions...

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