An Ontario NDP employee who was terminated after lodging a complaint about workplace harassment has been found to have been wrongfully dismissed by a government arbitrator. The employee, who worked as a constituency assistant in Algoma-Manitoulin MPP Michael Mantha’s Elliot Lake office in 2022, had accused him of sexual harassment. Arbitrator Jasbir Parmar examined two separate claims brought forward on her behalf by the Canadian Office and Professional Employees Union (COPE).
Upon addressing the first grievance, Parmar discovered that the woman’s alleged inability to maintain a safe working environment stemmed from incidents that occurred earlier this year. The second grievance claimed that her termination was unjustified. In 2023, the Ontario New Democrat Caucus removed Mantha from his position. Subsequently, the woman received a termination notice stating that she was no longer protected under the collective agreement since Mantha was no longer an elected NDP delegate.
The arbitrator’s decision supports the employee’s claim of unfair dismissal and underscores both the significance of maintaining a respectful and safe workplace and its absence in this case. This ruling is crucial as it safeguards workers’ rights to report issues against their superiors.
Parmar’s decision states that the termination was not conducted fairly. This ruling serves as a reminder to companies that they must adhere to proper procedures when terminating employees, regardless of changes in the political landscape. It sets a precedent that could guide future cases involving workplace harassment and unwarranted dismissals.
This particular case highlights the serious issue of workplace harassment, particularly within political environments. Experts argue that such incidents can hinder personal growth and have negative effects on individuals’ mental and emotional well-being. The arbitrator’s decision also underscores how important it is for workplaces to have robust rules and procedures in place to prevent harassment and ensure safety for all employees.
By removing Mantha from his position, the Ontario New Democrat Caucus acknowledged the gravity of allegations made against him while demonstrating their commitment to establishing and maintaining an environment free from misconduct and harassment. Given her status as a victim of alleged harassment, questions arise regarding whether or not it was appropriate for her employment to be terminated.
The arbitrator’s decision brings closure to this matter while providing some measure of justice for the terminated employee. It serves as a reminder for both companies and employees about respecting professional boundaries and promptly addressing claims of harassment in an equitable manner.”Employers have a responsibility to ensure a safe and respectful environment for their employees,” rightly stated Parmar, reaffirming this principle through their decision.
