Three days after a non-binary Ottawa firefighter complained about being choked by a comrade at Station 47 in Barrhaven, they were told they could be fired if they talked about it with anyone on the fire department.
After coming forward, the complainant was told from the top to stay silent and not to talk it out with anyone on the fire department.
“You are advised not to discuss this issue with your co-workers or members of the Ottawa Fire (Department). Failure on your part to comply with these instructions may result in discipline, up to and including termination of your employment,” Deputy Fire Chief David Matschke ordered in an undated letter sent to the complainant, a non-binary firefighter.
The deputy chief’s investigation concluded Eric Einagel, 37, committed violence in the workplace — notably choking. That’s why Einagel was fired on Feb. 24.
In a statement to the this newspaper, the complainant’s lawyer, Paul Champ, branded the letter a threat.
“The letter our client received from the Ottawa Fire (Department) in mid-December was very disturbing. Oddly undated but received on December 16. The Fire (Department) threatened our client with termination if they said anything about what happened. This letter was brutally insensitive, especially sending it to an employee who is off work because of an assault in the workplace. Our client was a victim of a hate crime and the employer sends a letter to intimidate them. It’s totally unacceptable.”
The firefighter, who was choked in the lunch room at Station 47 in Barrhaven, feared reprisals for coming forward so much so they asked the fire department to erase all of their contact information, according an internal investigation’s findings.
The investigation, led by Matschke, also noted that some firefighters interviewed as witnesses expressed concerns about repercussions for giving evidence.
The probe also cleared Einagel of multiple complaints of harassing comments, according to a summary of an internal investigation.
The internal investigation concluded that while Einagel did choke the firefighter, “it did not support the events (that) took place as described in the complaint, but rather a one-handed action which pushed the complainant against the kitchen counter; versus a two-handed choking from the front and back.”
The workplace-violence complaint said they were lifted off their feet by their neck in a two-handed grip while being held against the sink.
“This situation started off as a physical interaction that was consensual by both parties as implied by mutual participation in shoving one another,” according to the Matschke’s report.
But it went too far and the choking “was far beyond what was normal from previous interactions over the chore of doing dishes,” the investigator noted.
The investigation also concluded that Einagel committed workplace violence when he tossed dishes into his colleague’s hands while they were doing dishes in the sink.
Einagel is facing criminal prosecution for choking — a charge he denies.
His defence lawyer, Dominic Lamb, declined to comment on the investigation’s findings, but in a previous statement to this newspaper said, “Personally and professionally, Eric supports and embraces a diverse workplace that reflects our community.
“He is devastated by the claim that he committed crimes of violence against a gender-diverse individual. It is an accusation that is as outrageous as it is patently false. He looks forward to his day in court.”
The assault charges against Einagel were announced by the Ottawa police hate-crimes unit in November and none of the criminal charges has been tested or proved in court.
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