Howard Levitt: Terminating Employee Based On 'Unfounded, Malicious, Sexist' Rumours Backfires On Municipality
Levitt, H. (2022, April 22). Terminating employee based on 'unfounded, malicious, sexist' rumours backfires on municipality. Financial Post. https://financialpost.com/fp-work/howard-levitt-terminating-employee-based-on-unfounded-malicious-sexist-rumours-backfires-on-municipality UTL Link: http://myaccess.library.utoronto.ca/login?qurl=https%3A%2F%2Fwww.proquest.com%2Fnewspapers%2Fterminating-employee-backfires-on-municipality%2Fdocview%2F2657527431%2Fse-2%3F
Howard Levitt writes: “Workplace rumours run amok can create a toxic environment for employees. For employers who mishandle them — or worse, propagate them — the consequences can be severe, too. … According to the ruling in a lawsuit filed by [Melanie] McGraw, the [Dundalk Fire D]epartment’s chief administrative officer, David Milliner, believed that she was affecting morale and conducted a so-called investigation. But he did so without even contacting, let alone interviewing, McGraw herself. For that matter, she was left unaware that her dismissal was even being contemplated.”
“Ontario Superior Court Justice Roger Chown, relying on the Supreme Court of Canada‘s decision in Matthews v Ocean, … found that an employer’s failure to allow an employee to respond to allegations of misconduct, even when fired without cause, can be a factor in determining whether ‘moral damages’ should be awarded. … ‘The defendants acted on unfounded, sexist allegations relating to conduct from years prior, without properly ascertaining the truth and without even asking her about the allegations. Mr. Milliner conducted an amateurish investigation. He conflated gossip with facts. Without justification, he accepted the allegations and assumed the worst of the fire department’s only two paid staff. He failed to recognize the patent gender-based discrimination directed (at Ms. McGraw),’ the judge wrote. On top of six months salary for wrongful dismissal (a modest amount given her position and income), she was awarded an additional $75,000 for moral damages, $35,000 more for gender-based discrimination and an additional $20,000 for defamation for the comments made by Milliner to city council.”
“What are the lessons for employers?
Drill down on rumours. …
Do not repeat damaging allegations to others without ensuring their accuracy. Do not make accusations in the course of the investigation.
Have someone internal, likely in HR, conduct your investigations.”
Additional Information
McGraw v. Southgate (Township), 2021 ONSC 7000 (CanLII), https://www.canlii.org/en/on/onsc/doc/2021/2021onsc7000/2021onsc7000.pdf
Rubin, J., & Thomlinson, C. M. (2006). Human resources guide to workplace investigations. Canada Law Book. UTL Permalink: https://librarysearch.library.utoronto.ca/permalink/01UTORONTO_INST/14bjeso/alma991106496940906196
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