Horseplay on truck serious but not worthy of firing

Worker didn't think misconduct was serious but he was a trainer who set the tone for new hires
|Canadian Employment Law Today|Last Updated: 05/15/2013

A British Columbia employer has been ordered by an arbitrator to reinstate a worker who was dismissed for a serious safety violation.

Darcy McVeigh, 24, worked for Teck Coal, a mining company based in Vancouver. McVeigh drove large haul trucks carrying mining materials and also trained new employees.

On May 4, 2010, McVeigh was riding in a haul truck while a new employee he was training was driving. They were driving with two other haul trucks behind them. They came upon a grader coming from the other direction and McVeigh saw a friend inside. In “spur-of-the-moment” decision, McVeigh undid his seatbelt, opened the passenger-side door of the haul truck and stepped onto the deck outside with one foot. While holding onto the door frame, McVeigh tossed an apple core across the road towards the grader. The core missed and McVeigh got back inside.