Labour arbitrator grants interim protection for complainant of workplace sexual harassment

▤ Summary

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. While eliminating sexual harassment in the workplace is important, it is generally acknowledged we cannot go about pursuing this goal in a manner that automatically presumes the guilt of any respondent. As such, the “arguable case” requirement serves to weed out frivolous, meritless or vexatious matters and ensure only legitimate allegations of sexual harassment form the basis of any order for interim relief. In reaching her conclusion the requested interim order be granted, Arbitrator Bernhardt noted that the employer already had largely scheduled the grievor and her respondent-supervisor to work different shifts. [emphasis added] As decisions like that in Render and Rowe make clear, our justice system is aware of the challenges faced by sexual harassment complainants and how pursuing such allegations may come with deleterious effects.

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