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ARTICLE · 05 FEBRUARY 2015

Workplace Violence Is Not Just Cause For Termination

The employer, Northfield Metal Products, has a progressive discipline policy in place to address any incidents of workplace violence...

CanadaEmployment and HR

In a recent decision of the Ontario Superior Court of Justice,  Phanlouvong v.Northfield Metal Products , 2014 ONSC 6585, the court held that an employee who punched another employee in the face after feeling disrespected by them was terminated without cause and was awarded 15 months' notice.

In the case, the plaintiff had testified to punching a fellow employee after the other employee bumped into him and refused to apologize. The plaintiff felt that the failure to apologize was disrespectful and an argument ensued ending with the plaintiff punching the other employee in the face.   The employer, Northfield Metal Products, has a progressive discipline policy in place to address any incidents of workplace violence, but this incident was seen by the employer as being beyond reasonable and the plaintiff was terminated with cause and without notice.  The employee had been at Northfield Metal Products for 16 years and had no other incidents of violence or other types of

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