Safety & HCM Post

OK to Fire Employee for Masturbating at Work

A mechanic’s habit of masturbating in the washroom even when adjacent stalls were occupied generated complaints from co-workers and warnings from management. But the mechanic kept right on doing it until the company fired him for violating its code of conduct ban on “any improper conduct that is directed at and offensive to another employee, by a person who knew or ought reasonably to have known would be unwelcome.” The union grieved but to no avail. The mechanic knew that he was making his co-workers uncomfortable. And while management didn’t initiate the progressive discipline process, it made its disapproval of his conduct and demands that he stop it abundantly clear. Failing to do so was just cause to terminate, concluded the Nova Scotia arbitrator, citing the “general social norm in our society that sexual activity, whether conducted alone or with another,” should be done in private [UNIFOR, Local 2215 v I.M.P. Group Limited (Aerospace Division), 2019 CanLII 42096 (NS LA), May 15, 2019].

Bongarde Editorial

Bongarde Editorial

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