| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
improper language |
|
|
Summary:
The claimant was dismissed from his employment for misconduct. The claimant was involved in an incident in which he referred to his team leaders as "Nazis" and made Nazi gestures to them. He further alluded to the fact that management was behaving as if they were yielding handguns and German Shepherds in managing employees, comparing them to Nazis. He defends such behaviour as free speech. However, free speech does not include using disparaging remarks which cannot be proven. Freedom extends to a person's action as long as it does not infringe the rights of another person or that the free speech exercised in a reasonable and moderate way does not offend the values of others. While the offensive gesture and remarks occurred over a two-day period and is not a single outburst, to my mind, it did not represent free speech. The appeal is dismissed.
