Man challenges his dismissal for sexual harassments and loses tribunal case

A worker in Quebec who contested his dismissal following an external investigation into a sexual harassment complaint lodged against him by a colleague has just lost his case in court.

The Labour Administrative Tribunal ruled that, even though the acts of which the man was accused had been committed at the colleague's home and outside working hours, the employer was justified in dismissing the man after having had a proper investigation carried out by a qualified external investigator.

The worker's complaint dates back to Dec. 19, 2018. The man had been suspended for investigation purposes. Following the external investigation by a certified human resources advisor, the worker was dismissed in March 2019.

Later, in 2022, the man was summarily charged and found guilty of sexual assault by the Court of Quebec.

The man nevertheless contested his dismissal and asked to be reinstated in his job, arguing that when the employer decided to dismiss him, it did not have proof of the alleged facts.

The man argued that if there had been an assault, it had been committed at the colleague's home, unrelated to work and that the employer could, therefore, not punish him on this ground.

The tribunal rejected this assertion.

"Even though the events occurred outside the workplace, they justified the employer's action as explained above. The misconduct remained the same, namely psychological and sexual harassment of a co-worker. This constitutes serious misconduct that allowed the employer to disregard the principle of the gradation of sanctions in order to fulfil its obligations," the ruling reads.

The tribunal ruled that the employer had fulfilled its obligations, had had a proper investigation carried out by a qualified counsellor who was a member of a regulated professional body and had followed his recommendation.

The man had also tried to argue that "the misconduct of which he is accused by the employer constitutes an offence at the lower end of the spectrum of sexual assaults punishable under the Criminal Code, as evidenced by the fact that he was charged on summary conviction and given a conditional discharge upon conviction," the tribunal reported.

"This claim is surprising and reflects an outdated vision of the values of contemporary Quebec society. Sexual assault, no matter where it falls on the spectrum of seriousness, remains a criminal offence and a crime against the person," the court ruled.

This report by The Canadian Press was first published in French on Sept. 14, 2023.