The employer applied for judicial review of a labour arbitration award that reinstated an employee who had been terminated for sexually harassing and assaulting a contract cleaner.
The arbitrator found the employee committed the acts over five years and showed no remorse, but substituted a lengthy suspension for termination because the complainant did not want him discharged and another cleaner had successfully stopped his harassment by threatening violence.
The Divisional Court held the arbitrator's decision was unreasonable, as it relied on irrelevant factors and undermined the employer's statutory duty to provide a harassment-free workplace.
The application was allowed and the termination upheld.
