Flirting has no place in a position of authority

A foreman with over 30 years of service is challenging his dismissal. The city accuses him of courting female colleagues and adopting inappropriate behaviour towards them (questionable comments, persistent invitations, etc.). The evidence revealed that the city made every effort to make the complainant understand that he needed to maintain strictly professional relationships with his colleagues and that his position as a foreman meant he had to set an example. However, in the five years preceding his dismissal, several disciplinary measures had to be imposed to the complainant for similar offenses. He was given the opportunity to correct his behaviour but failed to do so. Contrary to what the complainant asserts, by deciding to sanction this behaviour, the city did not intend to prevent acceptable social contact; it simply responded to reprehensible, repetitive, and unwelcome conduct. The city having demonstrated that the termination of employment was justified, the complaint is dismissed.

Saulnier  c. Ville de Montréal
2024EXPT-1834, 2024 QCTAT 3129 (DRT), j.a. Benoit Aubertin