Workplace harasser given second chance

Employment relationship not destroyed: Arbitrator
|Canadian Employment Law Today|Last Updated: 07/06/2016

An Ontario worker who verbally harassed two female co-workers deserves a second chance at showing respect in the workplace, an arbitrator has ruled.

Steve Stewart, 55, was a labourer for Black and McDonald, a construction contractor in the Toronto area. He was hired in late 2011 to work at the Darlington Nuclear Generating Station in Clarington, Ont., with some periods of layoff. He had also worked at the Darlington site with other contractors since 1999. During his time with Black and McDonald, Stewart had no instances of discipline.

The Darlington station was operated by Ontario Power Generation (OPG), which had a code of conduct emphasizing respect in the workplace and a zero tolerance for harassment, discrimination, and abusive conduct. Black and McDonald also had a policy on workplace violence and harassment. Stewart was trained on the policies of both companies.