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ARTICLE · 02 MARCH 2012

Saskatchewan Court Upholds Dismissal For Indirect Harassment

A recent court decision makes it clear that management must maintain a healthy workplace culture.

CanadaEmployment and HR

A recent court decision makes it clear that management must maintain a healthy workplace culture. In this decision, a supervisor was dismissed for cause because he was disrespectful to women—even though he didn't make inappropriate comments directly to them.

The Saskatchewan Court of Queen's Bench recently found just cause for dismissal based on an employee's disrespectful behaviour that created a hostile work environment. In Gillam v. Waschuk Pipeline Construction Ltd., the employer, a pipeline construction company, terminated an employee who had worked in a supervisory role as an equipment transport co-ordinator from 1996 to 2008. The office at the work camp where the plaintiff employee worked was staffed by three women, among others. The plaintiff used foul language and inappropriate comments to refer to the three women employees, but he did not use this language in front of them—he used it in front of other employees, including employees who reported to him as

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