No Just Cause For Employee Punch

In the recent decision of Phanlouvong v Northfield Metal Products (1994) Ltd, 2014 ONSC 6585, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal.

The employee in question was terminated for cause and without notice after a workplace incident in which the employee punched another employee in the face. The incident arose when an employee  bumped into the plaintiff. Feeling harassed, the plaintiff demanded an apology, and when he did not get one punched the other employee in the face. The victim of the punch was suspended for 1 week for his role in the incident, most importantly his failure to apologize or simply walk away from the plaintiff, which resulted in the escalation of the altercation. The plaintiff was terminated for cause.