M. Fisher

A case conference was held regarding the defendant's motion to strike paragraphs in the plaintiff's claim under Rules 21.01 and 25.11.

The parties were unable to resolve the motion, but agreed to limit it to Rule 25.11 so it could proceed before a Master.

The parties were directed to schedule a hearing date with the Masters' office.

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.

The plaintiff sued his former employer for wrongful dismissal after being terminated for cause following an incident involving a female co-worker.

The co-worker moved for leave to intervene in the action under Rule 13.01(1) of the Rules of Civil Procedure to protect her moral and physical integrity, arguing that the plaintiff's version of events and cross-examination tactics threatened her reputation in the workplace.

The court granted the motion, finding that the co-worker had a legitimate interest in protecting her integrity and that her limited participation through counsel would not unduly delay or prejudice the proceedings.