Co-workers dispute claims of harassment, bullying at New Brunswick Power
An arbitrator has ordered New Brunswick Power to reinstate a 27‑year employee it fired after a co‑worker accused her of harassment, bullying and a hair‑pulling incident in an office corridor.
Arbitrator Michel Doucet, in a decision dated November 26, 2025, found the utility had grounds for discipline but not for dismissal, cutting the penalty to a one‑week suspension and granting back pay for nearly a year off the job.
“I can only conclude that the employer has not established, on a balance of probabilities, that this incident occurred as explained by EP.”
Co-worker denied assault took place
The case turned on a complaint from “EP,” a health and safety colleague who alleged that, in the fall of 2023, the grievor grabbed her hair in a hallway, pushed her forward and said, “I’ve got a bitch by the weave.”
She also pointed to negative body language, belittling remarks and what she saw as attempts to isolate her and undermine her work.
The grievor, a peer in the same department, denied the assault and said the phrase came from a story she once told at work about her daughter joking with her at home. She acknowledged touching EP’s hair “in a friendly way” at some point and admitted using a vulgar term about another co‑worker in a different context.
No eyewitnesses were called to support the corridor incident, and EP’s description at the hearing did not fully line up with what she told the external investigator, including whether others were present or had laughed.
Timeline for making complaint
New Brunswick Power proceeded under its Respectful Workplace Policy after EP filed a formal complaint in May 2024. That policy sets a limitation period, stating: “Any complaint should be filed as quickly as possible following the alleged misconduct. Ultimately, the timeline for filing a complaint under this policy is within one (1) year from the alleged misconduct.”
Relying on the investigator’s report, the employer cited three main grounds for dismissal:
- questioning a co‑worker’s ethics
- making an inappropriate critical remark about another employee
- committing workplace violence by grabbing a colleague’s hair and pulling her up a hallway.
Allegations tied to the 2022 outage were treated as out of time under the one‑year rule.
Doucet treated the investigation report as proof that an inquiry occurred, but not as proof that its factual findings were correct. On the ethics allegation, he noted that EP had never personally heard the grievor question her integrity; the claim rested only on what unnamed co‑workers supposedly said, and no such witnesses testified.
From termination to one-week timeout
The arbitrator did find misconduct. He accepted the grievor’s admission that she had used a vulgar expression about co‑worker “ZB” and agreed that this was inappropriate. He also found that her strong body language and any physical contact with EP’s hair were not suitable for the workplace and required correction.
At the same time, he emphasized the grievor’s 27 years of service, her clean disciplinary record and the absence of any proven history of disrespect or violence. There was no suggestion that her broader performance had fallen short of expectations.
Doucet imposed a short suspension in place of termination and ordered full reinstatement: “I will therefore substitute to the employer’s sanction a one-week suspension and direct that the grievor be reinstated to her position with NB Power without any loss of wages, benefits or seniority for the period she was laid off, less one week.”
See The International Brotherhood of Electrical Workers, Local 37 v New Brunswick Power Corporation
