Worker suspended for harassment, fired for retaliation

Worker continued misconduct after 15-day suspension for harassment
|Canadian Employment Law Today|Last Updated: 09/03/2014

An Ontario arbitrator has upheld the termination of an employee who sexually harassed a co-worker.

The employee, referred to as R.V. in the judgment, was the subject of a complaint by a co-worker who was the only full-time female employee at the Blue Mountain facility for Unimin Canada, a producer of industrial minerals.

The female co-worker was comfortable in the male-dominated workplace, joking and exchanging coarse language with her co-workers. However, R.V. made fun of her size, eating habits and sexuality on several occasions, making her uncomfortable. He targeted the co-worker with belittling comments and attempts to embarrass her. He also made comments to other employees behind her back and they were getting tired of R.V.’s behaviour.