Saskatchewan Gaming Corporation – Casino Regina v Public Service Alliance Of Canada, 2021 CanLII 5520 (SK LA)

Grievance dismissed. Previous incidents that included insensitive and racist remarks to an Indigenous female colleague, demonstrated that the Grievor has a hard time controlling his emotions and comments. There is little indication that his behaviour will change if given another chance. Casino Regina is in a customer focused business, and has a diverse workforce and diverse clientele. The Grievor’s dismissal was for just cause.

Indigenous Law Centre – CaseWatch Blog

The Grievor, a dealer at Casino Regina, was terminated in 2018 following the investigation of two harassment complaints lodged against him by co-workers. The first complaint alleged that he had made insensitive and racist remarks to an Indigenous female colleague and the second complaint, several weeks later, alleged rude and possibly racist behaviour towards a server of Asian origin. Combined with previous discipline and what senior managers viewed as a lack of remorse or acceptance of responsibility, the Grievor’s employment was terminated.

The Grievor was hired in 2008. The Casino has a very diverse work force that includes a significant Indigenous component and a diverse customer base. As part of ongoing training employees do take programs on “Diversity & Inclusion” and “Respectful Workplace”, which the Grievor last took in 2017 and 2018.

At the time of his dismissal, the Grievor had two disciplines plus a letter of expectations on his record. The letter of expectations, arose from a verbal altercation on the gaming floor with another staff member in which derogatory comments and expletives were exchanged within earshot of customers. The Grievor also received a one day suspension for consuming multiple alcoholic beverages during a staff charity poker tournament and then preparing to report to work. Another written reprimand was given for a comment made to customers at his table during a routine hand-off of the table to another dealer. The other dealer was not a native English speaker and the Grievor told the customers “hopefully you can understand him”. The remark was overheard by the incoming dealer who was upset by it.

The decision to terminate was made by the Employer from reviewing the initial complaints and the statements of staff and customers who had witnessed the incident that involved the Asian server. It was noted that the customer statements were unsolicited and highly unusual. The Employer argued that the harassment complaints, combined with the Grievor’s previous disciplinary record justified termination. In addition, the Grievor had been issued a letter of expectations for a verbal altercation with another employee in front of customers. The Employer argued that a common theme in all three previous cases was the reluctance of the Grievor to accept responsibility for his behaviour. He had been warned several times that a failure to change could result in more severe consequences.

Casino Regina is in a customer focused business and has a diverse workforce and diverse clientele. The evidence gives little confidence that the Grievor’s misconduct would not be repeated if he was reinstated. Accordingly, the grievance is dismissed.

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