Ottawa firefighter terminated for violence against non-binary colleague cleared of all harassing comments: internal report

The Ottawa 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 their contact information, according to an internal investigation’s findings.

The investigation concluded that firefighter Eric Einagel, 37, committed violence in the workplace — notably choking — and that was why he was fired on Feb. 24.

The investigation, led by Deputy Fire Chief David 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 the internal investigation.

The 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.

It was Sept. 14, and just a regular shift at Station 47 in Barrhaven until the junior firefighters engaged in the soapy tradition of competition dishes.

Junior firefighters at the station often compete for the right to do dishes to show their desire to be the first to chores, “which they felt demonstrated their eagerness to perform to the more senior staff,” according to the investigation summary.

“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 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.

“He says he’s devastated by the charges and looks forward to his day in court.”

The complainant in the police case has told this newspaper, through lawyer Paul Champ, that they’re still traumatized and disturbed by Einagel’s denial.

Champ declined to comment on this story about his client’s fear of reprisals.

The complainant is openly non-binary.

The assault charges against Einagel were announced in November by the Ottawa Police Service hate-crimes unit.

None of the criminal charges has been tested or proved in court.

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gdimmock@postmedia.com