Ontario’s Divisional Court recently overturned an arbitrator’s decision concerning a sexual harassment investigation that saw five Metrolinx employees terminated for offensive WhatsApp messages.
The drivers were found to have engaged in lengthy and derogatory language about female co-workers, one of whom, a “Ms. A”, was sent screenshots of messages that said she exchanged sexual favours for career advancement.
Ms. A was disturbed by the messages, but although she reported the messages to her supervisor at the time, she declined to lodge a formal complaint or be involved in the investigation, “as she did not want the other drivers to know she complained. Ms. A also stated in July 2020 that she did not want to ‘take this further’,” the Divisional Court said.
