The HR Space is edited by
Louise Béchamp,
Karen M. Sargeant and
Brian P. Smeenk
We all know proving cause for termination in Canada is
difficult. Poor performance very rarely equates to
cause. And employees seem to be entitled to warnings in most
cases. But surely it is cause if an employee slaps
another. Not so, according to one Ontario judge in Shakur v. Mitchell
Plastics (PDF).
The Slap
The plaintiff, Mr. Shakur, was a machine operator at Mitchell
Plastics for almost six years. He was 35 years old when he was
fired. He earned $15 per hour. Shakur routinely engaged in
verbal jousting with other employees. But it was usually
limited to trash talk. Not so on August 17, 2007, when Shakur
slapped another employee with whom he was trash talking, across the
face.
