Tribunal looks at importance of motive in misconduct cases

A Canadian lead flight attendant lost her bid for Employment Insurance benefits after a tribunal ruled on that her conduct at work amounted to misconduct, regardless of whether she intended harm.

The worker was dismissed on Feb. 7, 2025, following an incident on a work flight on Dec. 18, 2024. Her employer terminated her for "engaging in conversations and asking questions that are sexual in nature creating an uncomfortable environment for team members."

In a decision written by Appeal Division member Solange Losier of the Social Security Tribunal of Canada, found that the lower tribunal, the General Division, had made two separate errors in ruling in the claimant's favour.

Sexual remarks on flight

A colleague had filed an official complaint, telling the employer that the flight attendant had asked her frequently and repeatedly about her sexual preferences and then shared her own sexual preferences within earshot of passengers.

Another colleague told the employer that the flight attendant was openly talking about her favourite sexual positions and made a sexual remark about the complainant.

The flight attendant acknowledged using crude sexual language but argued she had an operational reason for part of the conversation, citing two passengers who had been seen performing a sexual act on a previous flight weeks prior. She maintained she had no intention of making sexual advances or comments to her colleague.

...

Read Full Story: https://news.google.com/rss/articles/CBMiqAFBVV95cUxQRy1ia0p1cG9vRnNIeHNDM1lB...