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Thursday, June 19, 2025

Howard Levitt: Lessons learned from recent employment law cases - Financial Post

For more decades than I am comfortable admitting to, while keeping the same sketch atop this column, I have been editor-in-chief of the Dismissal and Employment Law Digest, a monthly publication summarizing every significant Canadian case in the field, excluding those from Quebec.

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This week, I’ve compiled a selection of recent and noteworthy employment law cases from across the country.

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1. Court reverses adjudicator’s decision

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A 30-year-service, recently appointed manager was fired for violating his company’s sexual harassment policy by sexually harassing an employee with whom he worked closely and who reported to him.

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The labour adjudicator assigned under the Canada Labour Code had found that there was not cause for dismissal, substituting a four-month suspension.

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The Federal Court of Appeal reversed that decision and sent the case back for a new hearing, noting that the adjudicator should have thoroughly analyzed sexual harassment, beyond just relying on the company policy, and should have considered that the manager did not change his behaviour when the subordinate objected.

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The court also said the...



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