Worker’s self-love at work doesn’t fly with employer

Worker’s washroom activities not private enough to avoid making co-workers uncomfortable, embarrassed; Breach of employer’s harassment policy, code of conduct.
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 06/25/2019
Worker’s washroom activities
Co-workers complained of noises coming from washroom while worker was inside. credit: SutidaS/SHUTTERSTOCK

Background

Certain behaviours are best left to be done privately. If they’re not, they can make people uncomfortable. And if an individual is making people uncomfortable or embarrassed at work, that can constitute harassment -- and there is very little privacy in an office environment.

The government may not have any place in the bedrooms of the nation, but it’s a different story when it comes to employers and the washrooms in their workplaces. A Nova Scotia arbitrator has upheld the dismissal of a worker who unsettled many of his colleagues with too much self-love in the office washroom stalls.