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A unionized Kamloops BC Liquor warehouse worker has managed to get his job back after being fired for punching a colleague.

According to a recently published Dec. 23, 2024, Labour Arbitration Award, the victim was repeatedly harassing the employee and ignored several warnings to "please leave me alone" and "get the fuck away" before he lost his cool during an argument and punched his colleague in the face three times.

The decision said both men worked at the BC Liquor Kamloops Distribution Centre. It names the man who threw the punches as C. Schofield and the victim as Hayden Johnson.

Schofield had worked in the warehouse for a decade and had a clean work record but in January 2023 got into a verbal altercation with Johnson.

Schofield accused Johnson of being drunk at work and on several occasions told him to leave him alone.

He finally said if Johnson didn't leave him alone he would hit him. Johnson replied he would burn his house down, light his car on fire and kill his dog.

Schofield then "lost his cool" and punched him three times in the face.

He then went to his boss's office and said he'd just done one of the dumbest things he'd ever done in his life.

"I know it doesn’t change anything, but I deeply regret my actions," he told his boss.

Regardless, both men were fired, but the BC General Employers Union went to bat for Schofield.

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The Union argued that an unpaid suspension was a more appropriate penalty than getting fired.

The Liquor Distribution Branch argued if Schofield was being harassed he should have reported it and added that his behaviour was totally unacceptable.

"(BC Liquor) argues that (Schofield) participated in the various interactions that day and contributed to inflaming the situation by name-calling, yelling profanities, and throwing (Johnson's) forklift keys. At no time on that day did (Schofield) report to management that he had concerns with (Johnson)," the decision read.

The union argued that the assault was not premeditated and while the language and conduct of both men was not acceptable, it was Johnson that sought out Schofield before each interaction.

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It pointed out that Schofield had told Johnson to leave him alone on multiple occasions that day before demanding, "get the fuck away from me."

The arbitrator said while all acts of violence in the workplace were very serious, context was important.

"Not all acts of violence necessarily warrant termination," the arbitrator said.

The arbitrator highlighted Scholfield's decade-long clean record and immediate remorse and ordered BC Liquor to give him his job back after an eight-month suspension without pay.

There's no mention in the decision whether the union will also go to bat for Johnson and try to get him his job back too.

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