Canadian Labour Reporter

FEBRUARY 24, 2014 8 Canadian HR Reporter, a Thomson Reuters business 2014 Continued from page 6 land and Labrador-based business for comments she made on the social media site. On Sept. 16, 2012, Stokes and a coworker were directed by shift supervisor John Meaney to clean the vacuum pumps for one of the company's paper machines with a pressure washer, or "cue-gun." They were instructed to aim the cue-gun away from the elec- tric motor connected to each pump. The motors were not sealed. The machine used a ground fault interruption (GFI), so that in the event a motor was grounded by water, the breaker would trip and disconnect power to the motor. The paper mill's superintendent Chris Pembroke testified there was no potential for injury or death in the event water contacted the motor, because the GFI would trip the power immediately. While Stokes was operating the cue-gun, water was deflect- ed into the motor, resulting in a bright blue flash. She testified she had to leave the scene to sit down. When Stokes returned she was told by a machine tender that the incident could have resulted in serious injury. Stokes testified the machine tender told her, "Don't you know how close you came?" and said she was scared by the comment. The machine tender told management the loss of another motor would shut down the paper machine. In an effort to continue the work of cleaning the vacuum pumps without risking the loss of another motor, workers were instructed to finish the clean up without the cue-gun. Facebook post Following the incident, Stokes posted a commentary on Facebook detailing her dissatisfaction with the company's han- dling of the situation. In part, the post read: "These half retarded baymen manage- ment they think it's cheap…er to replace the employee than the equipment… When I get back, John Meany and Chrisn Pembroke, be sure you KNOW, I won't stop until You draw a welfare check or are behind bars... Lets see how insignificant you feel when you Got a rope around ur neck and ur balls soak- ing in gasoline… when i see you now, you know u better run. Fucking stupid retarded half French bayman. that's what you get when you put little boys in big boy jobs. Don't normally like revenge but by the Jesus I'm goin to fucking REAM you. Fuckin guzzlers Of le sperme du francais. I hope u choke on les poils pubiens! Half breeds." Meaney and Pembroke were named in the post. Both testi- fied they feared for their safety and the safety of their families after being made aware of the comments. Both Meaney and Pembroke contacted police after reading the post, though no charges were laid. Stokes was terminated on Oct. 25, 2012, for the "offensive, threatening, harassing in nature, disrespectful and insolent" comments. The Communications, Energy and Paperworkers Union of Canada (CEP) Local 64 grieved the dismissal, asking that Stokes be reinstated with a one-month suspension. The union cited mitigating circumstances. Stokes suffered from anxiety and insomnia. She began tak- ing antidepressants in August 2011, and decided to stop taking the medication in August 2012. At that time her family doctor was on maternity leave and Stokes did not consult with another doctor before stopping the medication. At the end of August Stokes reduced her dosage from 150 mg per day to 100 mg per day. After one week Stokes said she reduced the dosage again to 50 mg per day. After one week at 50 mg per day she stopped taking any medication. Worker didn't remember writing post Stokes testified she had difficulty sleeping and suffered from feelings of paranoia and psychotic thoughts when she stopped taking antidepressants. Stokes said she was not even aware of the post until a coworker mentioned it to her at work on Sept. 19. The coworker showed the post to her using his mobile phone. Stokes testified she used her coworkers phone to log in to her Facebook account and delete the post immediately. She testified she did not remember writing or posting the comment to her Facebook page, but said no one else had access to her online account. She said she did not speak French, but could have used an online translation tool to obtain the brief French phrases included in the post. Stokes called the comments "crazy," saying they were a re- sult of having stopped taking her medication. The employer disputed Stokes' explanation that the post was the act of a "crazy person," saying the writing was succinct and not "random or disjointed." The employer also submitted the seriousness of the threats and Stokes' discipline record warranted dismissal. Stokes was previously suspended for one day on May 25, 2011, due to her lack of respect for management. Should the penalty of discharge not be upheld, the employer requested compensation in place of reinstatement, claiming the professional relationship had been damaged beyond repair. In his ruling arbitrator James C. Oakley found the employer had just cause to terminate Stokes. "The posting contains threats of extreme violence and on- going threats of violence or harassment," Oakley said. "The posting reasonably caused Mr. Meaney and Mr. Pem- broke to be concerned about their safety and the safety of their families," his ruling read. "Although each arbitration award depends on its specific fact situation, offensive Face- book postings are regarded by arbitrators as a serious disci- plinary offence. Discharge for an offensive Facebook posting is consistent with the arbitral authorities." The grievance was dismissed. Reference: Corner Brook Pulp and Paper Limited and the Com- munications, Energy and Paperworkers Union of Canada Local 64. James C. Oakley — Arbitrator. Harold M. Smith for the em- ployer, Joel Michaud for the union. Dec. 11, 2013.

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