The plaintiff, a manager with 30 years of service, was summarily dismissed after slapping a female subordinate's buttocks in front of other male colleagues.
The plaintiff sued for wrongful dismissal, claiming the touching was accidental and a joke.
The court applied the McKinley contextual analysis and found that the plaintiff's conduct constituted serious sexual harassment.
The court held that the plaintiff's lack of remorse and failure to understand the seriousness of his actions irreparably breached the employment relationship.
The action was dismissed, with the court finding the employer had just cause for termination.
