| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed sexually harassed by managing director (“G”), supervisor, and co-worker (“X”) - Claimed yelled at by G and behaviour amounted to bullying - Applicant claimed resigned because of sexual harassment and bullying - G denied claims and claimed applicant never raised any concerns with him when could have reasonably done so - Found respondent had no clear policies, guidelines or training about sexual harassment - Parties disputed what had happened to employment agreement with neither party being able to produce copy - Found G made one inappropriate comment when applicant started work - Found remark did not amount to sexual harassment on its own - Found no evidence of repeated behaviour - Applicant claimed supervisor made her wear promotional tee shirt that was too small and revealing and caused unwelcome comments and attention from patrons - Found applicant never raised issue during employment - Found G had no knowledge of issue - Found applicant harassed by X - Found X made comments containing innuendo, texted applicant, and touched and brushed up against her - Found applicant asked X to cease behaviour and they did not - However, found applicant never complained to G about behaviour - Found G did not find out about behaviour until applicant resigned - Found respondent not responsible for failure to take action in those circumstances - Found evidence did not support applicant’s claim bullied by G - Found given parties conflicts, beliefs and context in which incidents occurred applicant’s examples of bullying did not meet required standard - Found applicant did not make complaint to make it foreseeable that claims of offensive and unwelcome attention would cause her to resign - Found applicant had alternatives to resigning - Found applicant had sought advice from outside work and been advised to try mediation - Found decision to resign precipitous - No personal grievance - COSTS - Authority informed only costs incurred by parties were filing fee and disbursements for travel incurred by respondent for advocate from industry body - Found applicant should not be out of pocket given mixed findings and conclusions - Respondent to pay applicant filing fee - Waitress/Barmaid |