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Airport Worker Fired For Noisily Masturbating In Work Toilets Loses Appeal

Airport Worker Fired For Noisily Masturbating In Work Toilets Loses Appeal

The man claimed that his sex addiction is a disability and said that he never masturbated while there was a co-worker nearby

Rebecca Shepherd

Rebecca Shepherd

A lawyer has justified a company's decision to fire an employee after he was masturbating in the bathroom stall of the workplace toilets.

The man, who was working for an aerospace firm operating hangars at the Halifax Stanfield International Airport in Canada, was sacked after causing 'embarrassment and distress' to fellow colleagues who could hear him *ahem* performing in the cubicles.

The man said that he suffers from sex addiction which he classes as a disease.
New Line Cinema

The unnamed man had been warned two years earlier for the same behaviour but, more recently, employees went to human resources to report that his conduct had returned and became 'more frequent and brazen'.

Now an arbitrator has concluded that the firm were right in the action they took to dismiss the man.

Both the employee and his union, Unifor, tried various arguments which were unsuccessful. They explained that he suffers from sex addiction which they claimed is a disability before going on to suggest that he was never properly warned as management used euphemisms rather than telling him directly.

Oh, and the frisky fella also reassured the people working alongside him that he would never masturbate while there was someone in the next cubicle. Well crack on, mate. We're not stopping you.

The employee was making 'unusual noises' which caused 'distress' to colleagues.
PA

According to the National Post, Gus Richardson a Canadian arbitrator was asked to decide whether loudly masturbating in a stall justified the termination of his contract and whether a bathroom stall is a private place.

When it came to the employee's claims of silence, Mr Richardson wrote: "I do not accept the grievor's testimony that he made no sounds while performing this activity.

"Obviously if that were true no one would have known that he was doing it. But people did know. They could only have known about it because they could hear it."

Mr Richardson added: "A manager told the employee there were complaints about noises in the bathroom, such as 'breathing heavily, making erratic movements and moaning,' and said management was concerned for the employee's well-being.

"They told him that if he had a serious medical issue, he should alert human resources. Masturbation is not a topic of conversation about which people feel comfortable discussing openly.

"That, plus concerns about privacy, would make any attempt to discuss it personally embarrassing and likely to result in the use of euphemisms.

"I am satisfied that both knew exactly what was being discussed - and that it was an activity that was causing concern amongst the grievor's co-workers and ought to be stopped."

The employee was in 'close proximity' to colleagues.
PA

When it comes to the bloke's sex addiction, for which he provided evidence from a therapist, Mr Richardson explained: "In short, even if there was a condition that could be called a 'sex addiction' - and I was not persuaded on the evidence that there was - and even if that was what the grievor suffered from - and again I was not persuaded that was the case - there was nothing to establish that it was disabling in any way.

"I am accordingly persuaded that the employer had just cause not only to discipline the grievor, but to terminate his employment. The grievance is dismissed."

Featured Image Credit: PA

Topics: News, Canada