| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
acts of violence |
|
|
Summary:
The claimant had lost his employment as a result of his own misconduct. He explained that a co-worker had taken a piece of equipment from the claimant's work bay and the claimant asked him to take it back. The other employee refused to do so and told the claimant that he was going to "take him outside and kick his ass". The claimant walked away but the other employee followed him. The claimant felt threatened and hit the other employee causing him to fall down. In the case at bar, the claimant was dismissed for assaulting a co-worker. It may well be that the other employee likely started the incident and pursued the claimant who was walking away but the claimant still assaulted this person. It has been well established in the jurisprudence that violent or threatening behaviour in the workplace towards the employer or a co-worker constitutes misconduct warranting a dismissal. The appeal is dismissed.
