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ARTICLE · 19 JUNE 2013

The HR Space: Progressive Discipline Required - Even In Harassment Cases

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Employers are advised to not only develop and implement robust workplace harassment policies, but also to develop and implement effective progressive discipline procedures.

CanadaEmployment and HR
Keri Bennett
Keri Bennett
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The HR Space is edited by Louise Béchamp, Karen M. Sargeant and Brian P. Smeenk 

A long service costume designer was dismissed following a workplace harassment investigation. The employer also banned the guilty employee from all of its future productions. A British Columbia arbitrator found the ban to be excessive because of a lack of progressive discipline. The arbitrator in Warner Bros. Television (B.C.) Inc.(PDF) ruled that even the least remorseful of employees is entitled to an opportunity to change their behaviour.

The Facts

A junior employee made a workplace harassment complaint that the costume designer ("the Grievor") made several derogatory comments and grabbed her arm hard enough to bruise. Numerous other junior employees later came forward with complaints of derogatory comments and belittling behavior that spanned a period of seven years. The investigation also revealed allegations that the Grievor had been billing the Company's costume

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