Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. On October 31, 2008 the applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination based on race. The respondents, Knoll, denied the allegations.
A recent decision rendered by an Ontario Arbitrator raises questions about the hard line that seemed to have been taken by adjudicators as a result of An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters (formerly Bill 168), which amended the Occupational Health & Safety Act in order to address workplace violence and harassment.
Manitoba's Court of Queen's Bench recently confirmed that a termination for cause was inappropriate, given that it was not proportional to the employee’s conduct. As a result, the employer had to pay 12 months' severance as set out in the employment agreement regarding a termination without cause.
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