Simulation of a sexual act at a company picnic: dismissal upheld

A sales representative filed a complaint alleging dismissal without good and sufficient cause. The employer accused him of making sexually suggestive remarks and engaging in sexual conduct toward a manager during a company picnic. During a group photo, the complainant positioned himself behind the manager and said that she was in a “perfect position” for him. He subsequently simulated a sexual movement behind her on several occasions. Two witnesses corroborated the manager’s version of events. The employer was justified in concluding that there had been a permanent breach of trust. The complainant’s behaviour during the picnic constitutes a single serious act of psychological harassment of a sexual nature that infringes upon an employee’s dignity. His behaviour was vexatious and degrading. A less severe disciplinary measure would not have led the complainant to appreciate the seriousness of his misconduct, given his refusal to acknowledge any inappropriate behaviour and his lack of remorse. The complaint is dismissed.

Thompson  v. 3289419 Canada inc.
2026EXPT-1288, 2026 QCTAT 2615 (DRT), a.j. Marie-Claude Grignon