Harassment: investigation clouded by the employer's unjustified suspicions

An assistant manager filed complaints of prohibited practice and dismissal without good and sufficient cause, and a complaint of psychological harassment against a manager. The court first concluded that the complainant had been the victim of harassment (cursing, foul language, violent behaviour, comments and gestures of a sexual nature, etc.). He then concluded that the employer's investigation was not really focused on the manager's behaviour, but rather on validating his belief that the complainant was concocting a plan to get rid of the manager and take his place. This led to expedited interviews, and only with employees selected by the employer. This approach deprived the employer of the opportunity to act in accordance with its obligations, and instead reinforced its unjustified suspicions. And, rather than make the harassment stop, the employer fired the complainant. The complaints were upheld.

A.B.  c. 9066-7742 Québec inc
2023EXPT-1470, 2023 QCTAT 2583 (DRT), j.a. François Demers