Important Development Regarding Racial Slurs In The Workplace

Ontario Arbitrator finds that one instance of racial slurs creates the rebuttable presumption that termination is within the range of reasonable disciplinary responses.

The Ontario arbitration case of Levi Strauss & Co. v Workers United Canada Council makes a much welcome statement that racist and derogatory comments have no place in the workplace, and an instance of such misconduct can ground termination. 

Mr. Merraro, a Black man, was employed by a distribution centre operated by Levi Strauss & Co. in Ontario. About two weeks into his employment, Merraro was subjected to racial slurs from his white co-worker, Brown, after Merraro pulled an emergency cord to stop the building's conveyor belts. Surveillance footage showed that after pulling the cord, Brown approached Merraro with what was described as "a noticeably aggressive gait" and engaged in an intense face-to-face discussion for approximately twelve seconds. Merraro then followed Brown down the stairs to