FPSLREB Decisions

Suspension - Discipline (termination) - Sexual harassment - Credibility - Definition of sexual harassment - Consent of the victim: were the sexual relations desired? - the grievor was the subject of a sexual harassment complaint by one of his subordinates - he filed a grievance against his suspension without pay, during the employer's investigation of the complaint, as well as against his termination of employment - the complainant alleged that the grievor had sexually and personally harassed her, which led to psychological problems, causing her, among other things, to attempt suicide - the complainant asked the employer to question employees and former employees of the establishment - the employer's investigation established that the complaint was with foundation and that, for a number of years, the grievor had sexually harassed the complainant and other female employees - the evidence revealed that the grievor had had sexual relations with the complainant on five occasions during work hours or at the workplace - the evidence also revealed that the complainant had consented to these relations and that she had initiated them on two occasions - the employer argued that the complainant was depressed and suicidal at the time of these sexual relations, that the grievor was aware of the complainant's state, and that he took advantage of it - the employer argued that, while the complainant consented to the sexual relations, they were not desired - in light of the complainant's depressed state, the grievor questioned the accuracy of her perception of events - the grievor explained his conduct by his age (63 years) and the work atmosphere that existed in the establishment - he alleged that he was the victim of a plot to get rid of him - he added that the employer should have tried to rehabilitate him rather than terminate his employment - he argued that the sexual relations were desired by the complainant - he asked for monetary compensation rather than reinstatement in his position - the adjudicator found that the grievor had committed sexual and personal harassment of the complainant and of other employees of the establishment -the adjudicator also ruled that the grievor had abused his authority with the complainant and with his other subordinates - the adjudicator concluded that the grievor had created a poisoned work atmosphere - further, the adjudicator found that, after the complaint was filed, the grievor had tried to manipulate the employees before they were questioned by the employer during the investigation and had tried to tarnish the complainant's reputation - the adjudicator also concluded that the complainant's psychological state did not allow her to give informed consent to the sexual relations - the adjudicator further found that grievor did not accept any responsibility for his actions - lastly, the adjudicator concluded that the termination of employment was justified. Grievance denied. Case cited: Janzen v. Platy Enterprises Ltd., [1989] 1 S.C.R. 1252.