Company Can Fire Worker for Video of Dangerous Prank in Workplace


After a video surfaced on the internet of a worker having his scrotum stapled to a wooden plank, the company fired the worker for violating its harassment policy, which barred pranks of a sexual nature. The Labour Relations Board upheld his termination. The video, which became well-known, was shot in the workplace (although not during work hours) and the worker’s employer was readily identifiable. Thus, it undermined the company’s safety reputation in the industry. In addition, his conduct violated not only company policy but also OHS law, which barred workers from engaging in pranks [International Union of Elevator Constructors, Local 50 v. ThyssenKrupp Elevator (Canada) Ltd., [2011] CanLII 46582 (ON LRB), July 28, 2011].