Dismissal for safety-related carelessness

Can an employee who endangers other employees through carelessness be terminated?

Colin Gibson
Question: We have an employee who has been prone to making careless mistakes lately, some which could potentially threaten the safety of his co-workers. We’ve warned him about being more careful but have not instituted any formal discipline. Can we terminate him if he makes another dangerous error?

Answer: Safety in the workplace is an increasingly serious concern for employers. In March of 2004, Bill C-45, also known as the “corporate killing” law, introduced into the Criminal Code a legal duty on those who direct workers or have the authority to direct workers to ensure that work is performed safely. If this legal duty is breached and a person is injured or killed as a result, both the person(s) who violated the duty and their employer may be charged with the offence of criminal negligence causing bodily harm or death.

In addition to the possibility of criminal prosecution, employers are also subject to stiff penalties under occupational health and safety statutes for failing to ensure safe working practices.

Given these obligations, employers must deal promptly with careless employees who carry out their work in a manner which threatens the safety of others. However, employers may only summarily dismiss employees for just cause.

Generally, for a single act of carelessness to constitute just cause, it must be sufficiently serious that it would be considered gross negligence or a serious violation of work rules or operating procedures. In such cases summary dismissal may be warranted. For example, in RSB Logistics Inc. v. Benson, a truck driver was summarily dismissed for dangerous driving after being involved in an incident where he passed another vehicle in a highly unsafe manner. The employee’s wrongful dismissal action was initially successful in Saskatchewan Provincial Court, but the lower court’s decision was overturned by the Court of Queen’s Bench.

The court held the employer had just cause to dismiss the employee for his dangerous driving. The judge remarked that “it was surprising there was no accident. Death or serious injury could have resulted from the (employee’s) apparently blind disregard for other traffic on the road.”

In most cases, however, a single careless act will not constitute just cause for dismissal, unless the actual or potential consequences were exceptionally serious. A warning will usually be required before an employer will be able to discharge an employee for workplace carelessness.

For more information see:

RSB Logistics Inc. v. Benson, [2001] S.J. No. 805 (Sask. Q.B.).

Colin G.M. Gibson is a partner with Harris & Company in Vancouver. He can be reached at [email protected] or (604) 891-2212.

To read the full story, login below.

Not a subscriber?

Start your subscription today!