In this case, an employee was dismissed for serious misconduct after committing sexual harassment against two female colleagues.
However, according to the Court of Appeal, the dismissal was not justified in the absence of an internal investigation. An investigation could have corroborated the allegations made by the employee who reported the sexual harassment and which were cited as grounds for dismissal.
The decision was overturned. No provision of the Labour Code requires an employer to conduct an internal investigation in the event of a report of sexual harassment.
Instead, the judge should have assessed the value and scope of the hearings conducted and statements produced. In this case, the employer had relied on statements from the victims, a police complaint, and statements from employees and a psychologist.
While in the event of allegations of harassment investigations are strongly recommended, they are not a legal requirement.
