Sexual harassment and failure to accept employer’s disciplinary measures is cause for termination

An employer has just cause to terminate an employee for inappropriate, sexually harassing comments and refusing to apologize, the Ontario Court of Appeal recently held. Employers should be particularly interested in this decision given the weight placed on the Workplace Harassment Policy. Facts In Hucsko v. A.O. Smith Enterprises Limited, John Hucsko, an employee with 20 years of service, was terminated by his employer arising from a complaint made by his female co-worker. The employer investigated four incidents and determined there was a pattern of comments made by Hucsko of a sexual nature directed at the complainant. Hucsko knew or ... [more] Full article
Employee not entitled to wrongful dismissal damages for share bonus (dividend) during notice period, Court of Appeal affirms
Update: The Supreme Court of Canada dismissed Mr. Mikelsteins’ application for leave to appeal without reasons on January 20, 2022. The Ontario Court of Appeal affirmed last week its earlier ... [more] Full article
Court of Appeal to revisit employee’s right to wrongful dismissal damages regarding shareholdings
Update: The Court of Appeal reconsidered its earlier decision in light of Matthews v. Ocean Nutrition Canada Ltd. but it did not change the outcome of the appeal. Read a ... [more] Full article
Employee suspension ruled constructive dismissal: Supreme Court
Employers would be wise to consider the terms of an employee’s contract before administratively suspending him or her. The Supreme Court of Canada held that administrative suspensions must be both ... [more] Full article
- Court Reduces Notice Period, Employee Should Have Known Better
- Pension Benefits Do Not Replace Wages Owed, Supreme Court Rules
- Six months’ severance is six months’ severance! Dismissed employee awarded full contractual severance, despite new job
- Reasonable notice periods still not “one size fits all”