The appellant, a senior labour relations employee for the City of Hamilton, appealed the dismissal of his wrongful dismissal action.
The trial judge found that the appellant engaged in personal and sexual harassment of a colleague, as well as retaliation, conflicts of interest, abuse of authority, and insubordination.
The Court of Appeal applied the contextual approach from McKinley v. BC Tel and upheld the trial judge's conclusion that the cumulative effect of the appellant's misconduct, particularly given his senior role and responsibility for workplace policies, justified his termination without notice.
The appeal was dismissed with costs.
