Canadian Safety Reporter

4 Canadian HR Reporter, a Thomson Reuters business 2017 CSR | March 2017 | News often discussing client mat- ters. Sometimes Awuah talked about personal things, sharing his opinions on politics and re- ligion. He also told his co-work- er about his dissatisfaction with his job and his hunt for work elsewhere. His branch manager also learned of his disenchant- ment. At the end of the workday on July 2, 2014, the other per- sonal banking officer texted the branch manager about "a very important issue." The manager texted her back and told her to call her at home. Awuah's co-worker told the branch manager that Awuah had come into her office in an agi- tated state to discuss a problem client. He started complaining about the client and his job in general. He then moved on to complaining about the branch manager and their supervisor. The co-worker told the man- ager that during Awuah's vent- ing, he said, "I am so mad right now, I could just shoot some- one." The co-worker said she told him that wasn't appropriate to say and "that's what crazy people say before they shoot up places." According to the co-worker, Awuah replied, "I am serious, if I had a gun right now I would shoot someone. I would shoot everyone." The co-worker didn't feel per- sonally threatened, but she took Awuah's anger at the branch manager and supervisor serious- ly and didn't think he was joking. In addition, the police shootings in New Brunswick were fresh in her mind, particularly since her boyfriend was a Calgary police officer. She called her boyfriend, who had advised her to call the branch manager and then leave the office. The co-worker put her ac- count of the conversation with Awuah in writing and the branch manager informed up- per management. A critical response team was assembled with a representative from se- curity and investigations, oc- cupational health services, em- ployee relations, the branch, and the employment law group. The team decided to suspended Awuah with pay and contact the police. Police became involved The manager called Awuah the next morning to inform him of the suspension, but Awuah's cellphone was off. As a result, he went to work not aware he was suspended. Police were called to the branch and the manager met privately with Awuah in her office, where she told him of their concerns about his comments to his co- worker and informed him of his suspension. Awuah said he had just been joking, but didn't deny making the comments. Awuah went home and spoke with a police officer the next day, who he also told he had been joking. The police determined Awuah wasn't a threat and noth- ing more needed to be done. The bank was informed of Awuah's meeting with the of- ficer, Awuah had said he was joking and the determination he wasn't a threat. However, it was decided to terminate his employment for making a threat of violence against co-workers, a violation of Scotiabank's work- place violence policies as well as the Canada Labour Code and the Canada Occupational Health and Safety Regulations, which also prohibit workplace violence. Awuah was informed of his termination the next day, July 8, in a meeting with his super- visor and the branch manager. He became angry and agitated when given his termination let- ter, saying his co-worker was a liar and he was being fired be- cause he was black. He also said his supervisor wouldn't have been fired if she had said she wanted to shoot someone. They gave Awuah a briefcase with his things cleaned out from his locker, but Awuah said it wasn't his and kicked it. He then left without returning his keys, forcing a changing of all the locks at the office. The branch manager later testified Awuah's behaviour was "kind of scary" and he didn't show remorse or regret, just anger. Awuah filed a complaint of wrongful dismissal, denying he made any threats and claim- ing he told his co-worker that "you have to take it easy, some- times you feel that you want to shoot someone." He also said the bank didn't tell him why he was suspended, rather it just referred to "an incident that oc- curred yesterday" and it wasn't "open for discussion. He said he didn't know about the threat complaint until his termination meeting, so he wasn't given a chance to respond to the accu- sation. Awuah also argued that he didn't express remorse because when he told the manager it was a joke, he was in effect say- ing that no threat was intended. When his manager found out he was looking for work elsewhere, she wanted him out quickly and found a reason to terminate his employment, he said. The adjudicator noted that all the evidence used by Scotia- bank to justify Awuah's termi- nation came from one source — his co-worker with whom he had the conversation in ques- tion. However, there was no reason not to believe her ac- count, as she was a professional and got along well with Awuah, so she had no reason to fabri- cate her story. Her credibility was also boosted by the fact she called her boyfriend and then the branch manager immedi- ately after the conversation, said the adjudicator. The adjudicator also found the comments were believable in the context that Awuah had been open about his dissatisfac- tion with his job, his supervisor, and his bank manager. Awuah's calling his co-worker a liar and his claim that he was fired be- cause he was black didn't have any evidence to support them, and further hurt his credibil- ity. As a result, the adjudicator determined Awuah made the comments and they were seri- ous enough to warrant disci- pline. In addition, the adjudicator found Awuah was told of the reason for his suspension in his meeting with the branch man- ager and it was possible he was just too upset over the suspen- sion and police involvement to have retained the information. The adjudicator noted that Awuah was aware of Scotia- bank's guidelines for business conduct and its policies against workplace violence, as all em- ployees were. His comments were likely impulsive without giving any thought to their con- sequences, but his failure to rec- ognize the seriousness of this type of conduct and inability to control such impulses at work "does not give me confidence in his rehabilitative potential," the adjudicator said. In addition, Awuah wasn't truthful as he first denied mak- ing the comment and then tried to minimize it, then accused his co-worker of lying and intro- duced the race card. His dishon- esty in responding to the allega- tions and attempt to shift the blame made it further unlikely the employment relationship could be continued, said the ad- judicator. Given Awuah had only been employed with Scotiabank for two years and his failure to take responsibility for his conduct, the adjudicator found dismissal was appropriate. "I see little indication (Awuah) has learned from his mistake. He remains a person who lacks both judgment and control over his impulses," said the adjudica- tor. "The bank's concern that he would be a risk to others if he was returned to work is well founded." For more information see: • Awuah and Bank of Nova Scotia, Re, 2016 CarswellNat 72 (Can. Labour Code Adj.). Bank < pg. 1 Employee made claims of lying and racism e employee spoke with a police officer and explained he had been joking. e police determined he wasn't a threat and further action was unnecessary.

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