Industrial Security Limited (ISL) provided security to various large industrial sites. These services included the staffing of gatehouses and providing night patrols. ISL employed about 80 people in the Saint John area, one of whom was William Nickson.
Mr. Nickson worked as an uniformed security officer with ISL. Prior to working for ISL, Mr. Nickson had served in the Canadian Forces and had worked as a police officer in Calgary. Although he had dropped out of high school, he had attended university as a mature student and earned a degree in 1989. Mr. Nickson was employed by ISL for 13 years prior to his termination in 2000.
Mr. Nickson had had many conflicts with his supervisors at ISL. He had a tendency to question orders and directions from his supervisors. He also tended to be aggressive and officious. He made a point of staying clear of certain supervisors with whom he had difficulties. He claimed that some of the supervisors had leadership deficiencies and he often spoke to management about these supervisors. Several adverse reports were written about Mr. Nickson’s conduct by various supervisors.
In January 1999 Mr. Nickson received a written warning from Dave Johnson, manager of ISL. The warning related to Mr. Nickson’s continual questioning of his supervisors. The warning stated that “any further acts of defiance or inappropriate behaviour of any kind will result in suspension or termination.”
On Aug. 9, 2000, Mr. Nickson was on duty at a gatehouse for the Canaport terminals. When he arrived at work just before 6 p.m., someone from Canaport terminals came to the gatehouse and advised that there had been an accident and that emergency vehicles had been called. The officer whom Mr. Nickson was relieving left and Mr. Nickson waited for the emergency vehicles to arrive.
Mr. Nickson’s role was to ensure that emergency vehicles could enter. He permitted the entry of seven emergency vehicles and prevented media vehicles from entering. He was also required to notify ISL headquarters so they could promptly notify the appropriate accident investigator and managers. Mr. Nickson failed to perform this aspect of his duty. He did not inform headquarters or the night manager, Mr. Thompson. An hour after the accident happened, Mr. Thompson’s wife heard of the accident on television and called him. Mr. Thompson called Mr. Nickson at 7 p.m. to ask about the incident. Mr. Nickson confirmed at that point that there had been an accident.
Mr. Nickson was permitted to give his side of the incident which he did by way of an occurrence report on an ISL form addressed to the manager of ISL. In that report, Mr. Nickson did not say that he notified ISL headquarters of the incident. This report was taken into consideration by the management of ISL when it was deciding how to deal with Mr. Nickson.
Ultimately the decision was made to terminate Mr. Nickson. On Aug. 11, 2000, Mr. Nickson was dismissed. His letter of dismissal referred to the Aug. 9 incident as cause for dismissal. Reference was also made to the warning he had received in 1999. Mr. Nickson commenced an action for wrongful dismissal and argued that ISL did not have just cause for dismissing him.
After hearing evidence at trial, the Court concluded that Mr. Nickson was not a credible witness. He had trouble accepting the reality that his job was to be only a subordinate. He was rude and insubordinate to his supervisors. With respect to the Aug. 9 incident the Court concluded that Mr. Nickson knew it was his duty to promptly report the accident to ISL headquarters and he had ample opportunity to do so. His actions destroyed the trust that his employer had in him.
As ISL had just cause to dismiss Mr. Nickson without cause, the action was dismissed.
For more information:
• Nickson v. Industrial Security Ltd., 2001 NBQB 233.
Mr. Nickson worked as an uniformed security officer with ISL. Prior to working for ISL, Mr. Nickson had served in the Canadian Forces and had worked as a police officer in Calgary. Although he had dropped out of high school, he had attended university as a mature student and earned a degree in 1989. Mr. Nickson was employed by ISL for 13 years prior to his termination in 2000.
Mr. Nickson had had many conflicts with his supervisors at ISL. He had a tendency to question orders and directions from his supervisors. He also tended to be aggressive and officious. He made a point of staying clear of certain supervisors with whom he had difficulties. He claimed that some of the supervisors had leadership deficiencies and he often spoke to management about these supervisors. Several adverse reports were written about Mr. Nickson’s conduct by various supervisors.
In January 1999 Mr. Nickson received a written warning from Dave Johnson, manager of ISL. The warning related to Mr. Nickson’s continual questioning of his supervisors. The warning stated that “any further acts of defiance or inappropriate behaviour of any kind will result in suspension or termination.”
On Aug. 9, 2000, Mr. Nickson was on duty at a gatehouse for the Canaport terminals. When he arrived at work just before 6 p.m., someone from Canaport terminals came to the gatehouse and advised that there had been an accident and that emergency vehicles had been called. The officer whom Mr. Nickson was relieving left and Mr. Nickson waited for the emergency vehicles to arrive.
Mr. Nickson’s role was to ensure that emergency vehicles could enter. He permitted the entry of seven emergency vehicles and prevented media vehicles from entering. He was also required to notify ISL headquarters so they could promptly notify the appropriate accident investigator and managers. Mr. Nickson failed to perform this aspect of his duty. He did not inform headquarters or the night manager, Mr. Thompson. An hour after the accident happened, Mr. Thompson’s wife heard of the accident on television and called him. Mr. Thompson called Mr. Nickson at 7 p.m. to ask about the incident. Mr. Nickson confirmed at that point that there had been an accident.
Mr. Nickson was permitted to give his side of the incident which he did by way of an occurrence report on an ISL form addressed to the manager of ISL. In that report, Mr. Nickson did not say that he notified ISL headquarters of the incident. This report was taken into consideration by the management of ISL when it was deciding how to deal with Mr. Nickson.
Ultimately the decision was made to terminate Mr. Nickson. On Aug. 11, 2000, Mr. Nickson was dismissed. His letter of dismissal referred to the Aug. 9 incident as cause for dismissal. Reference was also made to the warning he had received in 1999. Mr. Nickson commenced an action for wrongful dismissal and argued that ISL did not have just cause for dismissing him.
After hearing evidence at trial, the Court concluded that Mr. Nickson was not a credible witness. He had trouble accepting the reality that his job was to be only a subordinate. He was rude and insubordinate to his supervisors. With respect to the Aug. 9 incident the Court concluded that Mr. Nickson knew it was his duty to promptly report the accident to ISL headquarters and he had ample opportunity to do so. His actions destroyed the trust that his employer had in him.
As ISL had just cause to dismiss Mr. Nickson without cause, the action was dismissed.
For more information:
• Nickson v. Industrial Security Ltd., 2001 NBQB 233.
