July 17, 2025 | Luiza Vikhnovich
Court of Appeal for Ontario Agrees ~ Arbitrator’s Reinstatement of Employees Terminated for Workplace Harassment Unreasonable
In July 2023, an arbitrator made waves when he reinstated five employees Metrolinx dismissed for engaging in workplace harassment. In the arbitrator’s (now overturned) view, Metrolinx did not have authority to investigate the alleged workplace harassment because: (a) it occurred on personal devices and personal time; and (b) the subject of the harassment declined to file a formal complaint.
The courts disagreed.
In April 2024, on judicial review, the Ontario Superior Court of Justice (Divisional Court) held the arbitrator’s decision was unreasonable and quashed it.[1] The union appealed to the Court of Appeal for Ontario which agreed with the Divisional Court.[2] Key to the Court of Appeal’s decision was its determination that an employer has not only the right but a duty to investigate harassment even in the absence of a formal complaint.
To read the full Sherrard Kuzz LLP Briefing Note please click here.