Treatment of co-workers, not customers at heart of dismissal

Casino worker fired after altercation with co-worker; worker argued he didn't get managerial support in conflicts with guests
|Canadian Employment Law Today|Last Updated: 03/20/2013

The dismissal of an Ontario casino employee with disciplinary incidents related to his treatment of co-workers should be evaluated based on that behaviour rather than his interaction with guests, the Ontario Divisional Court has ruled.

Mike Majewski, 39, was a card dealer at a casino in Niagara Falls, Ont., owned by Complex Services. Hired in 1997, Majewski had a few incidents of discipline, including a verbal warning for absences in 2000, a one-day suspension for losing his temper in the break room in 2001, a one-day suspension for inappropriate comments to guests in 2001, a verbal warning for verbally abusing a co-worker in a company hockey game in 2003, and a one-day suspension in 2004 for an altercation with a guest.

On Aug. 25, 2005, Majewski had a headache and wanted to go home early. It was common practice to send some dealers home early if business was slow. Dealers could enter their names on a list if they wanted to be chosen to go home.