Harassment: Serious vexatious behaviour must produce lasting harmful effect

Release date: April 1st, 2021

An employee filed complaints under sections 122 and 124 ALS and one harassment complaint. The tribunal first allowed the first two complaints, the employee having been dismissed after having notified his employer that he would be taking parental leave. Regarding the harassment complaint, the tribunal concluded that, by shouting at the employee, pushing him with both hands and telling him to leave the premises, the company president had engaged in serious vexatious behaviour. Regarding the requirement to demonstrate that this behaviour had produced a lasting harmful effect, the employee alleged that he had withdrawn for some time following his dismissal, which, in the opinion of the tribunal, does not demonstrate that the behaviour produced a harmful effect beyond the inconveniences inherent to any wrongful dismissal. The harassment complaint was dismissed.

El Tawil vs. LP Tech Inc.
2020EXPT-1577, 2020 QCTAT 3239, J.A. Francis Hinse


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