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Sexual Harassment

Sexual harassment at Christmas party and dishonesty during investigation lead to senior employee's dismissal

Jurisdiction: - British Columbia

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 »

"Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims"

Jurisdiction: - Quebec

Finn Makela has written a paper entitled, “Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims" that was published in the McGill Law Journal (2006) 51 McGill L.J. 27. Ms. Makela is a lawyer at Melançon, Marceau, Grenier et Sciortinoin Montreal.

The paper's summary provides:  read more »