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ARTICLE · 04 SEPTEMBER 2018

'Clearly Separate': Workplace Sexual Misconduct Not Captured By Employment Release

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Ontario court finds sexual harassment of one employee against another was not connected to employment

CanadaEmployment and HR
Jason Kully
Jason Kully
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Ontario court finds sexual harassment of one employee against another was not connected to employment.

In the recent decision of Watson v. The Governing Council of the Salvation Army of Canada, the Ontario Superior Court of Justice held an employee's claim for sexual harassment against another employee for conduct at the workplace fell outside the employment relationship. As a result, the alleged conduct was not captured by a release with the employer addressing all claims related or connected to employment. This decision highlights the nature of claims of sexual misconduct and the importance of using specific language in any release used to address the termination of an employee.

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