Arbitrator upholds firing over n-word and monkey slurs at plant

On January 5, 2026, arbitrator James T. Casey, K.C., upheld the firing of a 17‑and‑a‑half‑year employee with a spotless disciplinary record after finding he called Black co‑workers "n***ers" and "monkey" at an Edmonton manufacturing plant, then threatened colleagues who reported him. The decision in Building Products of Canada Corp. and Unifor Union of Canada, Local 777 makes clear that even long service and a rough workplace culture will not save an employee who uses racial slurs.

Dilbagh Lidher worked as a finishing‑end operator at Building Products of Canada Corp.'s shingle plant and had served as union president. In late June 2023, a co‑worker came forward to report two incidents. The first happened in early May, when Lidher approached him at the laminator and asked, "Where are those n***ers at?", referring to two Black employees from Jamaica.

A few weeks later, when another employee asked where the shared forklift had gone, Lidher said "The monkey stole it" and gestured toward a Black colleague driving the machine. Lidher denied both incidents but admitted he routinely called one Black co‑worker "n***a" in what he described as mutual joking, backed by WhatsApp messages where both men used the full term.

Casey summarized the core allegations this way: "In general, it is alleged that the Grievor referred to the two Black employees as 'n***ers' on one occasion, called one of the Black employees a 'monkey' on one occasion and routinely called one of the Black employees a 'n***a'." The arbitrator accepted that some joking occurred but found the slurs "n***ers" and "monkey" proven through credible witness testimony.

Culture of ‘salty language’ versus harassment policy

The plant had a multi‑ethnic workforce and witnesses described employees trading crude racial jokes across groups. One former manager, himself East Indian, testified he had been called "sand n***a," "Taliban" and "terrorists" and that he "did not find this offensive since it was part of a joke." The union argued this workplace culture should mitigate discipline.

But the employer had a written Harassment Policy guaranteeing "every employee has the right to a healthy work environment free from, among others, discrimination and harassment or other inappropriate conduct." The collective agreement committed both sides to a workplace "free from workplace harassment and with respect" and to "working towards a harassment free workplace."

Casey gave the rough culture only slight weight as mitigation, describing "n***er" as "widely regarded as one of the most offensive and inflammatory of all racial slurs" and writing: "The use of the term is deplorable and cannot be tolerated. It has no place in public discourse or in any workplace."

Snake emojis, threats, and no way back

After his July 2023 suspension with pay, Lidher sent a snake emoji to one co‑worker, then called him at home accusing him of reporting to HR and threatening to sue and "leave him with nothing." The union intervened and told him to stop. After his October 10, 2023, termination, another Black co‑worker reported two more threatening calls in which Lidher said he knew who had filed complaints and warned they would be sued and "get what they deserved." A third call contained an apology.

The company's counsel wrote to union counsel on October 25 demanding the contacts cease. Casey treated the threats as evidence of lack of remorse and poor prospects for a working relationship, not as separate grounds for dismissal.

Weighing Lidher's service, clean file and hardship against the proven slurs, the policy commitments, the impact on Black employees and the threatening behaviour, Casey concluded: "Weighing all these factors I conclude that termination was not an excessive response and as a result I dismiss the Grievance."

See Building Products of Canada Corp. v Unifor Union of Canada, Local 777