Friday, October 19, 2007

Ontario Judge: Racial Remark Vague, Not Grounds for Dismissal

A decision of the Ontario Supreme Court has underlined the caution employers must utilize when terminating employment for cause - even when they purport to enforce "zero tolerance" workplace policies that are otherwise appropriate.

National Post has the story:

The Ontario Superior Court has ruled that a women's shelter employee who allegedly voiced concern about working with women of colour did not deserve to be dismissed from her job.

The decision, issued yesterday by Judge Gloria Klowak in Toronto, suggests companies must use caution when enforcing "zero-tolerance" policies regarding inappropriate behaviour in the workplace.

The case was Ontario's first test of whether a race-based comment could precipitate dismissal with cause.

... In her ruling, Justice Klowak said that while the shelter's zero-tolerance policy was understandable, Dr. Roz's Healing Place didn't show sufficient cause.... "The termination was thoughtless, ill-conceived, ill-planned and ill-executed," said Justice Klowak.

We'll post a link to the Judge's decision when it is available online.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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