A recent case out of Nova Scotia highlights the ability to terminate a long service employee for cause without engaging in progressive discipline where the employee has engaged in wilful misconduct, as well as the importance of well drafted policies.
George Kordolemis worked for Sobeys for 33 years when his employment was terminated for cause. In September 2024, a coworker accused Mr. Kordolemis of using a racial slur towards him, which prompted Sobeys to initiate an investigation. As part of the investigation, Sobeys interviewed several of Mr. Kordolemis’ coworkers and they uncovered that Mr. Kordolemis had used this same racial slur on many occasions in the workplace. He was also heard using a homophobic slur when cursing at malfunctioning equipment.
The investigation revealed that Mr. Kordolemis’ use of inappropriate language in the workplace extended beyond the single issue originally raised that prompted the investigation but in fact his use of racial epithets towards his coworkers was a regular occurrence. In addition, the adjudicator said that calling equipment a homophobic slur was “an attack on the LGBTQ+ community.”
Sobeys had in place a Respectful Workplace policy and Mr. Kordolemis last signed a declaration of his review of this policy in October 2023. The Respectful Workplace policy clearly set out that “Disrespectful or violent behaviour, discrimination, bullying or harassment of any sort by any employees of Sobeys, contractors or suppliers will not be tolerated.” The court found that the Respectful Workplace policy was an implied contractual term in Mr. Kordolemis’ employment contract.
Mr. Kordolemis argued that his conduct did not amount to wilful misconduct as it was not his intention to harass anyone. His argument was rejected by the court. The court also noted that in this case progressive discipline was not required given the seriousness and the offensiveness of the conduct. This is despite Mr. Kordolemis’ 33 years of service!
The court cited a previous decision that confirmed the use of racial or ethnic slurs is very serious misconduct that justifies the termination of the employment relationship.
As always, navigating a termination for cause is extremely complicated and requires a detailed analysis of the individual fact scenario. We strongly encourage you to speak with an Advisor prior to proceeding. If you have any questions or would like our support, please do not hesitate to contact ClientCare.