2 total
Arbitrator's reinstatement of employees quashed; employer has statutory duty to investigate harassment even without formal complaint.
The applicant employer sought judicial review of an arbitrator's decision reinstating five employees who were terminated for engaging in a sexually harassing WhatsApp group chat.
The arbitrator had found the investigation flawed because the targeted employee refused to file a formal complaint and the conduct occurred off-duty.
The Divisional Court quashed the decision, holding that the arbitrator's reasoning was unreasonable as it failed to recognize the employer's statutory duty under the Occupational Health and Safety Act to investigate incidents of workplace harassment regardless of whether a formal complaint is filed.
The matter was remitted to a different arbitrator.
Termination clause invalidated due to ESA-violating 'for cause' provisions; 4.5 months notice awarded.
The plaintiff brought a motion for summary judgment in her wrongful dismissal claim against the defendant hospital.
The central issue was whether the termination clause in her employment agreement was enforceable.
The court found that several 'for cause' provisions in the agreement violated the Employment Standards Act, 2000 (ESA) by falling short of the narrow 'wilful misconduct' exemption.
Applying Waksdale, the court held that these illegal provisions rendered the entire termination clause unenforceable, despite 'saving' language in the contract.
The plaintiff was awarded 4.5 months of reasonable notice under common law.
