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[11] We disagree. In our view, the arbitrator’s decision under the second element of the William Scott test is unreasonable. In the arbitrator’s analysis of the contextual factors, she characterized what occurred as “lower end sexual harassment,” downplaying the seriousness of the misconduct. There can be no doubt that the grabbing and squeezing of another’s breast without consent is sexual assault. Sexual assault, by its very definition, is serious misconduct. Further, the arbitrator did not appropriately consider the employer’s position regarding safety in the workplace and the grievor’s dishonesty. Instead, the arbitrator focused on the circumstances of the grievor and irrelevant considerations, noting, for example, that the complainant did not appear to be traumatized in any significant way. This was not a proper analysis of the factors before her.
2019 ONSC 5877 (CanLII) | R. v. R.K. | CanLII
Access all information related to judgment R. v. R.K., 2019 ONSC 5877 (CanLII) on CanLII.
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