Set Your Co-worker On Fire? It May Not Be Cause For Dismissal

Dryco Drywall Supplies Ltd. v Teamsters Local Union 213 is an important reminder to employers that even extreme acts of workplace misconduct may not give rise to just cause for dismissal. The decision is also a helpful reminder of the factors arbitrators consider when assessing whether cause exists.

Background

As a prank, Mark Sobieski set fire to some fabric hanging from the back of co-worker Greg Draheim's safety vest. Although Sobieski extinguished the flame, the vest reignited. Sobieski again put out the flame, then walked away to assist a customer, believing the flame to be entirely extinguished. Although Draheim knew Sobieski was standing behind him, he was unaware that his vest had been set on fire.