D.T., a mechanic employed since 2008, got into a heated confrontation with one of the co-owners of Adams Brothers Automotive on June 14, 2023. This wasn’t their first verbal dispute, but on this day, tensions escalated. D.T. ultimately threw a cup of hot coffee at the co-owner, allegedly in self-defense after being shoved and harassed.
What happened next:
Following the incident, D.T. was told to go home. He later claimed he was terminated on the spot. However, according to the employer, D.T. was contacted that same day and the next with an invitation to return to work—offers he refused. The employer took this as a voluntary resignation or job abandonment.
Claim for wages in lieu of notice:
D.T. then made a claim for wages in lieu of notice since he was terminated. The employer disputed this, stating that D.T. had voluntarily left employment and so was not entitled to wages in lieu of notice.
Board Decision
The Manitoba Labour Board found:
- The employee was likely told “you’re fired” in the heat of the moment, but:
- The employer made good-faith efforts to recall the employee shortly afterward.
- The employee refused to return, which the Board interpreted as abandonment of employment.
- Even if the employee had been terminated, throwing coffee on a supervisor constituted just cause for dismissal without notice.
Outcome
The Board dismissed the employee’s claim for pay in lieu of notice.
Takeaways for Employers
- Don’t assume emotional outbursts equal resignation.
An employee storming off or refusing to return for a day does not automatically constitute quitting. It’s important to document attempts at communication with the employee and efforts to clarify their intent. - Document everything—especially during terminations or volatile situations.
Keep detailed notes of what was said, who was present, and what follow-up actions were taken. These records are crucial in legal disputes. - Treat “heat of the moment” terminations cautiously.
Words like “you’re fired” may be blurted out impulsively. If you reconsider or decide not to terminate, clearly communicate that decision. - Just cause requires strong justification—but violence or harassment usually qualifies.
In this case, throwing coffee was deemed serious misconduct, justifying dismissal without notice. - Follow up in writing.
If an employee leaves the workplace during a conflict, send a written request inviting them to return—or clarifying their employment status. This can help protect against future claims of wrongful dismissal.
💡HRC Tip:
If you’re involved in a heated dispute in the workplace, it helps to talk it out and get some advice about what your next steps could be. Our team of HR professionals is here to help – either through our chat function on our website, by phone, or by email – and they are ready to provide an unbiased ear when you need it.
Case Citation: https://www.gov.mb.ca/asset_library/en/labour/docs/decision/2025/es240183.pdf
