5 days deemed appropriate for repeated death threat

Employee claimed he was responding to being hit by co-worker in front-end loader but claim was unsubstantiated
|Canadian Employment Law Today|Last Updated: 04/26/2012

The Ontario Labour Relations Board has upheld the five-day suspension of a worker who twice threatened to kill his foreman.

Carlos Teodoro, 46, was a labourer for Teston Pipelines, a pipeline contractor in Concord, Ont. In 2009, Teodoro was experiencing family problems that put him under a lot of stress.

In December 2009, Teodoro’s foreman became angry at the amount of time he was spending on his cellphone. Heated words were exchanged and Teodoro claimed the foreman insulted him and made a comment about Teodoro’s failing marriage. Other employees heard the argument and profanities spoken by both men. Things escalated and the two men ended up in a fight, though no punches were thrown. The fight was broken up and they went back to work.