Zero tolerance policy regarding workplace fighting

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Reference no: EM133179187

You are in Toronto East (Scarborough) facility when Paul Whelan the Toronto West (Etobicoke) Plant Manager calls you on your cellphone, He informs you that two workers have gotten into a serious fight. They are both injured, the police have been called and a considerable amount of damage has occurred to products and equipment.

One of those involved is a Toronto West (Etobicoke) employee, Jimmy Duncan. Jimmy has been employed by Seawright for 8 years, he is 35 years old. Jimmy's personal file has a number of reports all less than 3 years' old for insubordination and poor attendance.  He also recently was required to undergo respect training as he was reported for using unacceptable language in the workplace. As a worker in the Toronto West (Etobicoke) facility Jimmy is represented by the union.

The other worker is actually from the Toronto East (Scarborough) facility and was only in Toronto West (Etobicoke) because he helped to deliver some materials and unload them in Toronto West (Etobicoke).  His name is Paul Gill. As a worker in Toronto East (Scarborough), Paul is not a unionized worker.  Paul has been employed by Seawright, for 29 years. He is 50 years old.  Paul's personal file has one report from 2 years ago when he arrived late for work a couple of times.

Seawright has a 'zero tolerance' policy regarding workplace fighting/violence

You need to address this situation immediately.

  1. What would you recommend as the course of action in regards to each of Jimmy Duncan and Paul Gill? Would you recommend something different for each of them and if so why?  
  2. If you were to dismiss Paul Gill and he filed a claim with Ministry of Labour, Training and Skills Development, and they found that there was no just cause, what would he be owed? 
  3. If you were to dismiss Paul Gill and he sued for wrongful dismissal, what factors would be evaluated by the Court? 
  4. If you were to dismiss Paul Gill and his wrongful dismissal lawsuit was successful, what do you believe he would be awarded and why?

Reference no: EM133179187

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