If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.
After a 10 day trial, an Ontario judge recently concluded that touching a female’s buttock in the presence of four witnesses, who had conflicting versions of what happened, was just cause for termination for an employee with 30 years' service who had a clean disciplinary record.
I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this issue.