Canadian Employment Law Today

Canadian HR Reporter, a Thomson Reuters business 2015 Heuring, though some action should be taken – the chair was suspended for three days with pay. e investigation also uncov- ered some of Heuring's conduct towards the committee chair and the female co-worker, which raised concerns he had violated the company's harassment policy. e investigator interviewed the female co-worker and learned of the parking lot in- cidents and Heuring's comments. Another employee was interviewed who spoke of Heuring calling him names and challeng- ing him to a fight. When Heuring was inter- viewed, he acknowledged making sexually explicit comments towards female employ- ees. He also admitted to threatening to beat up a male co-worker, calling any workers who reported misconduct to the company rats, and calling others profane names, though he "knew it was wrong." e company concluded that "employees were generally scared" of Heuring and he had embarked on a campaign of intimida- tion – Heuring was six-and-a-half feet tall and of a large build. It also found he dem- onstrated no remorse or apologized, giving little hope his behaviour would change. On April 8, 2013, Heuring's employment was terminated for the "serious misconduct" of the parking lot incidents and his com- ments that were "disgusting, derogatory and absolutely violating to a female." All of this misconduct violated the harassment policy, which stated violators would be subject to discipline up to and including dismissal, said the company. e union challenged the dismissal as ex- cessive. e arbitrator found Heuring's miscon- duct "involved serious circumstances of harassment, bullying, intimidation, verbal abuse and threats of violence of a lengthy period of time. ough the union preferred to deal with matters internally, it was im- portant to note that where a union is seen to be protecting an offender at the expense of a victim, it could put itself in breach of its statutory duties, said the arbitrator. In this case, the employees consented to the union addressing Heuring's misconduct, but this didn't work and the company had to step in. In both the union's and the company's investigations, Heuring admitted to some of his misconduct, but tried to downplay or deny others. Either way, there was no denying the evidence of Heuring's pattern of miscon- duct, much of it related to his views of people who didn't support the union and were per- ceived as being too close to the company. "is pattern of intimidation and verbal harassment over many years continued over the time in which he occupied positions with the union," said the arbitrator. "I agree with the employer that all of (Heuring's) conduct amounts to the most serious and egregious forms of misconduct in the workplace." e arbitrator found Heuring's behaviour was not that of someone who simply didn't think about how others would feel or didn't care, but rather was "often driven by hostil- ity, antagonism and spitefulness." e intent of his physical and verbal abuse was clear and by design. e female co-worker indi- cated he was known for stopping when told by the union to stop and then starting again. It was believed the union couldn't control him, so it was up to the company to find a solution, said the arbitrator. e arbitrator found Heuring's miscon- duct was sufficient cause for his dismissal and the company acted appropriately once it learned of his behaviour. Given his lack of acceptance of responsibility for his be- haviour and the fear he instilled in other employees, there was no reason to have him back in the workplace that he had made "un- safe and toxic," said the arbitrator in uphold- ing the dismissal. For more information see: Brewers Distributors Ltd. and Brewery Winery and Distillery Workers Union, Lo- cal 300 (Heuring), Re, 2014 CarswellBC 73 (B.C. Arb.). february 18, 2015 | Canadian Employment Law Today AbouT THe AuTHoR JeFFRey R. SMiTH Jeffrey R. Smith is the editor of Canadian Employment Law Today. He can be reached at jeffrey.r.smith@thomsonreuters.com, or visit www. employmentlawtoday.com for more information. credit: Jirsak/shutterstock

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