Sexual harassment at Christmas party and dishonesty during investigation lead to senior employee's dismissal
The plaintiff's employment with Marriot Hotels of Canada Ltd. was terminated for cause on February 1, 2007. He was 46 years old, had been employed by the hotel for 22 years and held the position of Director of Sales and Marketing.
Prior to the incidents in question, the plaintiff's employment record was free of any discipline.
The defendant hotel alleged cause for dismissal based on the fact that the plaintiff:
- Was a senior manager with responsibilities for supervising the company holiday party, permitted the excessive consumption of alcohol, engaged in sexually suggestive dancing, and condoned an "after-party" where Marriott employees drank heavily;
- Engaged in inappropriate sexual touching with a female subordinate in the bathroom at the after-party; and
- Was dishonest when he denied the sexual touching allegation during the defendant's investigation of his misconduct.
Distribution of drink tickets, alcohol consumption and suggestive dancing
In relation to these allegations, the court found that: read more »
"The Ability, Obligation and Role of a Trade Union to Represent its Members in Employer Investigations"
Alan E. Black, Q.C. and Pamela Costanzo, at Black, Gropper & Company in Vancouver, have written a paper on "The Ability, Obligation and Role of a Trade Union to Represent its Members in Employer Investigations". The paper was prepared for the Insight Information Western Canada Labour Relations conference held on January 30-31, 2007 in Vancouver.
"Human Rights, Privacy and the Workplace" is the title of a paper written by Enid J. Marion and Andrea Zappavigna, both of Harris & Company in Vancouver.
The paper was written for the Human Rights Conference (Continuing Legal Education of BC) in November 2004.
The Table of Contents is as follows: read more »