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