He may not have intended anyone else to see or hear his pornography, but that did not save him. Dave may have been on his lunch break, but he was still effectively in the workplace and in the presence of other employees. The adjudicator decided that viewing pornography in the workplace in the presence of other employees is objectionable and unwelcome behaviour and a breach of the policy.
In general terms, the kinds of behaviours that are to be encouraged are those which support and create a respectful workplace … Inappropriate behaviour is that which is objectionable and/or unwelcome to an individual.” The respectful workplace policy stated: “It is not possible to itemize every instance of appropriate or inappropriate behaviour. Unions don’t have to pursue every grievance a member wants to file, but it is likely they decided to pursue this one because the employer was trying to regulate what Dave did on unpaid time - his lunch break.Īt the grievance hearing, Dave continued to deny the incident ever happened but the adjudicator believed the students rather than Dave. As such, it is subject to grievance for union members. There was no loss of pay or any suspension, but a written warning is a disciplinary step. This site uses cookies as described in our privacy policy, for site operation, analytics, enhanced user experience, or advertising. The employer believed the students and not Dave and he was issued a written warning. Dave claimed he was ostracized after he raised these issues and the students were just on a witch hunt. He said the students did not like him because he had raised issues with the manager about there being incidents of unreported damage to equipment and time wasting. When Dave was questioned, he claimed not to even have had lunch with the students that day and said their claims were completely fabricated. The other student did not see the pictures but heard the moaning and slapping.Ī few days later, the first student filed a complaint with the employer claiming a breach of the respectful workplace policy. The student could hear moaning and slapping sounds and see pictures of naked women on Dave’s phone. One day at lunch, one of the students was following Dave to a picnic table and Dave had his cellphone in his hand. He worked in park maintenance for a municipality. If what you are doing makes your co-workers uncomfortable and violates a company policy, it could land you in hot water.ĭave was 57 years old, and married with grandchildren. This would usually be the case, but there are always exceptions. You would usually think that what you do on your lunch break is your own business and not that of your employer.
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