Unproven spitting accusation not just cause: Board

Witness reports contradicted worker's accusation that co-worker spit on him during argument
|Canadian Employment Law Today|Last Updated: 06/29/2011

An Ontario worker who was fired for violence in the workplace after being accused of spitting on and pushing a co-worker has been reinstated by the Ontario Arbitration Board.

Fahad Jutt was a warehouse worker for Mississauga, Ont.-based clothing retailer Winners, who was hired in 2008. Jutt had a serious of arguments with a co-worker, Gavin Reid. Reid claimed that sometimes, when the two were assigned to work together, Jutt would stand there and leave all the work for Reid to do.

On May 7, 2010, Jutt and Reid were working separately unloading boxes off a conveyor belt. A temporary employee was also working nearby and was dealing with a large number of boxes. Jutt was supposed to be helping the temporary employee, but to Reid it seemed he wasn’t doing so. Reid and two other workers went over to assist the temporary employee to clear his lane of the accumulating boxes.