Sexual Harassment

Sexual harassment can be defined as being unwelcome conduct of a sexual nature that negatively affects the work environment or leads to job-related consequences for the victims of the harassment. Even if an employee's sexual harassment of fellow employees does not amount to disobedience or insubordination, it could still amount to just cause for dismissal on the basis that it is conduct that is destructive to the employment relationship. A factor which significantly influences a court in deciding whether sexual harassment amounts to just cause for dismissal is whether the employer has a clear policy or procedure on sexual harassment which is enforced in the workplace on a day-to-day basis. In other words, was the employee told or did he or she have good reason to believe and understand that sexual harassment was completely unacceptable within the workplace.

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