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HomeMy WebLinkAbout1998-0164.Xanthopoulos.98-08-04EMPLOY& DE LA COURONNE DE L’ONTARIO COMMISSION DE RliGLEMENT DES GRIEFS 180 DUNDAS S 7REET WEST SUITE 600, TORONTO ON M5G IZB 180, RUE DUNDAS OUES r; BUREAU 800, TORONTO (Orv) M5G lZ8 TELEPHONE/7itiPHONE : (476) 326-1388 FACSIMILE/7iLkOPIE : (416) 326-1396 GSB#KI 164198 OLB#13 l/98 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before TlXE GRIEVANCE SETTLEMENT BOARD BETWEEN OLBEU (Xanthopoulos) - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) BEFORE P. Knopf Vice-Chair FOR THE UNION J. Noble Legal Counsel Ontario Liquor Board Employees Union FOR THX EMPLOYER A. Renton Counsel, Legal Services Liquor Control Board of Ontario Grievor Employer HEARING July 17, 1998 This is a discharge grievance. The Grievor was discharged on April 15, 1998. He is a employee with 19 years of service and no discipline on his record. He was discharged as a result of an incident in which it is alleged that he deliberately attacked a younger employee, physically assaulting him and uttering racial comments. After having heard the evidence and the submissions of the parties, it must be concluded that the Grievor did in fact assault a younger employee as alleged. The assault was instigated by the Grievor himself. It was the result of an over-reaction to a situation that arose that day. The facts reveal that the Grievor swore at the younger employee several times, then uttered derogatory racial comments towards that employee and then physically assaulted him two times. In addition, the Grievor threatened the younger employee in terms of his job security. The incident was witnessed by several other employees who were shocked by this behaviour. The facts reveal disturbing and completely unjustifiable conduct by the Grievor. This is conduct that cannot and should not be tolerated in the work place. In the hearing, both the Union and the Grievor acknowledged that the Grievor over-reacted to a situation. The Grievor indicated that he regrets the way he acted on that day. The Union acknowledges that the Grievor’s behaviour is completely unacceptable. The Grievor indicated that he was in the process of arranging for the assistance of a psychiatrist in order to receive “anger management” treatment. The Union submitted that the Grievor had come to realize that such treatment is necessary “in order to improve relations with his co-workers and his family.” -2- . . The Decmon The Grievor’s conduct was disgusting. All employees have a right to a safe work place. All employees have a right to a work place free of harassment, intimidation and racial discrimination. The employee who was victimized by the Grievor was deprived of these basic human rights as a result of the Grievor’s conduct. The Grievor deserves to be severely punished for his actions. The Employer has a duty to take severe action against the Grievor. In ordinary circumstances, the discharge would have been upheld. However, given the submissions of the parties and the Grievor’s willingness to admit his wrongdoing in the work place, this is an appropriate case to exercise an arbitrator’s jurisdiction to substitute a penalty other than discharge. Accordingly, I make the following award having also taken into consideration the Grievor’s lengthy seniority and clean disciplinary record within the last three years: 1. The Grievor will be reinstated to his former position, with no loss of seniority, and no back pay, within three weeks of proof that he has enrolled in, and attended, an anger management counselling course, conducted by a qualified professional; la. The period between the grievor’s termination to the date he is reinstated will be considered a suspension; 2. The Grievor’s continued reinstatement is conditional upon proof of continued attendance and participation in the above-mentioned anger management course, such proof to be provided on a monthly basis, in writing, to the Director, until discharge from the program for successful completion; 3. The Grievor will be automatically terminated, without the ability to grieve or otherwise challenge his termination if the terms set out in paragraph 2 above are not met; 4. The Grievor’s continued reinstatement is conditional upon the Grievor not engaging in or participating in harassment, discrimination, intimidation, or physical assault; if the Grievor engages or participates in harassment, discrimination, intimidation or physical assault, he will be automatically terminated without the ability to grieve or otherwise challenge his termination, except to dispute the facts upon which the termination was made. The Grievor is also entitled to challenge whether or not the facts constituted intimidation, harassment, discrimination, or physical assault; 5. The Grievor will submit to the LCBO a written apology, in the form attached hereto as Appendix “A”, which will subsequently be typed out and signed. This apology will be posted at the Durham Warehouse for one month following his reinstatement; 6. The Grievor will meet with the employees involved in the April 1st 1998 incident, in the presence of union representation, and will read out loud the apology referenced in paragraph 5 above; -4- . 7. This award shall be posted at the Durham Warehouse, for one month following the Grievor’s reinstatement. DATED at Toronto, Ontario this 4th day of August, 1998. -5- ,I 1, APPENDIX A July 17, 1998 To: Mr. Bill Hicks, Director and all employees of the Durham Warehouse From: Steve Xanthopoulos I write this letter to apologize for what happened at the workplace on April 1, 1998. I recognize that I am at fault for what happened, and I was wrong to swear at my fellow worker, to threaten him, to use racial slurs and to physically assault him. I am deeply sorry for any hurt I caused to Mr. Ibanez and my other fellow employees. I am also sorry to every other person who has had to be involved in this situation. It is a very great lesson for me for the future, and I learned from this to behave in a gentlemanly manner. I promise that this will not occur again, in or out of the workplace. Yours sincerely “Steve Xanthopoulos”