What is the definition of sexual harassment in the context of summary dismissal?

Ontario, Canada


The following excerpt is from C.R. v. Schneider National Carriers, Inc., 2006 CanLII 532 (ON SC):

In Janzen v. Platy Enterprises Ltd., 1989 CanLII 97 (SCC), [1989] 1 S.C.R. 1252, the SCC defined sexual harassment as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment”. Although sexual harassment in any form is objectionable, the cases have nonetheless divided sexual harassment into two categories of serious and mild in assessing just cause for discharge. If the harassment is serious in that it interferes with the proper operations of the employer’s business, summary dismissal may be justified.

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