'The more serious misconduct was how the worker attempted to frustrate the investigation process’
Jan 15, 2025
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A British Columbia employer's decision to terminate a long-serving employee for his involvement in a physical altercation and dishonesty during the subsequent investigation has been upheld by an arbitrator.
The case shows how serious dishonesty, confidentiality, and verbal misconduct can be treated, even if the worker was the recipient of physical abuse and not the perpetrator, according to Mike Hamata, a labour and employment lawyer at Roper Greyell in Vancouver.
“It's important to expressly inform participants in an investigation that the investigation is confidential and to not disclose the facts or contents of the investigation to anyone,” says Hamata. “And also to remind participants in the investigation that they have a duty to be honest and forthright - and that a failure to do so could result in discipline, up to and including termination of employment.”
The worker was a warehouseman for the BC Liquor Distribution Branch (BCLDB) at its distribution centre in Kamloops, BC. Hired in 2013, the worker had a disciplinary record that included seven different suspensions, ranging in length from one to five days, for various instances of misconduct such as unsafe operation of forklifts, breaching safety procedures, sleeping and tardiness at work, impairment at work, and a verbal altercation with a co-worker.
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