Worker kicked by co-worker, then kick out by employer

Employer focused on employee's account of incident rather than the incident itself
|Canadian Employment Law Today|Last Updated: 10/01/2012

A British Columbia drug store worker should not have been dismissed after complaining that a co-worker kicker her in the buttocks, the B.C. Provincial Court has ruled.

Teresa Scholer, 57, worked as a cashier at Hart Drug Mart in Prince George, B.C., starting in March 2009. On Jan. 20, 2010, Scholer was working on a counter display near the cash registers. A co-worker cleared off a display stand and prepared to take the stand away, but dropped it. As the co-worker bent down to pick it up, she said something to Scholer. The co-worker then stood up and kicked Scholer in the buttocks.

Though the kick wasn’t hard, it pushed Scholer from her heels to the balls of her feet. She tried to kick the co-worker back but either missed or, according to Scholer, she held back.