Serious sexual harassment warrants termination

When two employees came forward to complain that a third worker had sexually harassed them, the grievor alleged that they had “set him up.” The arbitrator felt that progressive discipline was unnecessary in a case of this seriousness.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 08/08/2011

A worker was fired following allegations that he sexually harassed two female co-workers. The union grieved, denying the substance of the allegations and charging that the worker was being treated in a discriminatory manner.

Hired in 1986, J.M. worked on a production line at a candy factory producing chocolate bars. He had one note of discipline on his record for failing to wash his hands.

The company and the union jointly developed and implemented a workplace harassment policy in the 1990s. Provisions for discipline up to and including termination were in place for violations of the policy.