Every once in a while, however, when pondering human behaviour and safety in the workplace, we have to take a step back and ask ourselves, just what were these workers thinking? And more seriously, what should the employment consequences be for this type of workplace behaviour?

With the caveat that these writers acknowledge safety is a serious matter, and some of these incidents resulted in injuries to workers involved, we start with a selection of real decided Canadian disciplinary cases that can only be characterized as unexpected, bizarre, even “wacky” behaviour.

Trigger-happy
A mechanic picks up an air gun nailer and checks it in the air. When it does not fire, he holds it to the abdomen of a co-worker. It discharges a steel nail into the co-worker’s stomach. The offending worker convinces his co-worker not to go to the hospital and not to report the incident to management. The consequence: the arbitrator recognized the employer’s legal obligation to provide a safe and secure workplace for employees, this was the worker’s second safety infraction, and a discharge of the mechanic was upheld at arbitration.

The joker
A 30-year employee in a plant with highly pressurized and flammable gases sets off firecrackers in this safety sensitive plant twice, as a joke. He is a member of the plant’s joint health and safety committee, and has taken numerous safety courses. The consequence: a discharge of this employee was upheld at arbitration, despite the mitigating factors of very long service with the employer and a clean record. These factors did not outweigh the seriousness of the offence.
 
The bomber
A new worker decides to create several “dry ice bombs.” Pieces of dry ice are placed in 500ml plastic bottles with water, leading to a chemical reaction, which causes the bottle to explode. One of the “bombs” explodes near a co-worker who suffers temporary deafness and ringing in his ears. The consequence: The arbitrator found that this relatively new worker (his tenure was six months) intentionally threw these dry-ice bombs amongst his co-workers, thereby carelessly and negligently putting others at risk. However, discharge was not appropriate in the circumstances. A discharge was overturned and instead the worker served a one-year suspension.

The self-abuser
A worker takes a bet and for the sum of $100 staples his genital area to a 4x4 wooden plank in the workplace lunchroom. Through the wonders of modern technology this is recorded. A co-worker posts this on the Internet. The consequence: The worker is discharged upon discovery by the employer. The Ontario Labour Relations Board upholds the discharge. The board states in discussing the movie, “[i]f the…employees want to emulate the principals of Jackass by self-abuse, they may be free to do so when they are not on the [workplace] premises and cannot be identified as being associated with the [employer].