Dismissal for fight too much for manager who didn’t start it: Court

Manager reacted to employee coming at him
|Canadian Employment Law Today|Last Updated: 10/01/2012

A Manitoba manager should not have been fired for his involvement in a physical altercation that another employee started, the Manitoba Court of Queen’s Bench has ruled.

Ramadan Gjema, 36, was a plant general manager for Mercury Specialty Products, a metal tube manufacturer in Winnipeg. After leaving Mercury in 2001 to get an engineering diploma, Mercury convinced him to return to the company as a general manager less than three years later.

When Gjema started as a general manager, Mercury gave him an employment contract that had a termination clause entitling him to three months’ severance after one year, six months’ severance from one to two years and one years’ severance with more than two years of service. They didn’t sign the contract but they agreed on the severance provisions in a series of emails.