Locker-room behaviour in the workplace can no longer be tolerated – so decides the Court of Appeal for Ontario in Render v ThyssenKrupp Elevators
Daniel Averbach
May 2022
The days of locker-room banter in the workplace are over. In Render v Thyssenkrupp Elevator, Mark Render learned this lesson when the Court of Appeal for Ontario upheld his termination for cause1 after he slapped a colleague’s buttocks and later joked about it. The decision offers important reminders about what is an acceptable workplace environment, the difference between common law “just cause” and statutory “wilful misconduct,” and the risks of litigation misconduct.
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