Last chance agreement doesn’t apply outside of work: Arbitrator

Employee wasn't at work when he allegedly harassed a member of the public
|Canadian Employment Law Today|Last Updated: 09/05/2012

An Ontario transit employee’s last chance agreement only applied to his behaviour while at work, not outside of the workplace, an arbitrator has ruled.

The employee was an operator with an urban transit provider. After some incidents where the employee displayed unprofessional and aggressive behaviour at work, his employment was terminated. However, the union negotiated with the employer and the employee was reinstated under a last chance agreement. The agreement stipulated that if the employee showed any further unprofessional and aggressive behaviour towards “supervisory staff, employees/co-workers or customers” or contravened the employer’s workplace violence policy, code of conduct, or the Ontario Human Rights Code, he would be immediately fired.

In December 2011, the employer received a complaint from a member of the public. A woman claimed the employee drove by her in a parking lot in his own car and gave her the middle finger, then turned his car around and yelled a profanity at her. The woman said she ran into a store for safety but the employee followed her. Later, when she left the store the woman claimed the employee glared at her as he drove away.