Workplace rumours cost Ontario municipality $1,000
An Ontario company discriminated against a worker by allowing rumours about her to spread in the workplace, but the worker didn’t help her cause by waiting to report them, an arbitrator has ruled.
The worker became a storekeeper in the public works department for the City of Sarnia, Ont. in April 2013. She had a close relationship with a male city employee, referred to as “E.”
In early 2014, the worker told a coworker that E’s wife had called her and accused her of having an affair with E. In early August 2014, the worker saw E’s wife sitting outside her home. She called the police, but she didn’t report the incident to management because she considered it a personal matter.
On Aug. 11, the acting manager mentioned rumours about the worker and E to a coworker and said there was “something going on between them.” The coworker later told the worker and E about the rumours but didn’t speak to anyone else about it. The worker didn’t raise any concerns to management or the union.
Throughout August, rumours swirled around the workplace. Another coworker asked the worker about them and the worker replied that they weren’t true and she was only friends with E. In October, another coworker told her that people at work were talking about her having an affair. The worker still didn’t raise the matter with management or the union.
On Dec. 23, the worker found a condom in her work area and her business card on her desk, upon which someone had drawn a line through her name and wrote E’s last name. She reported it to the fleet trainer, who said he would investigate. Later that day, an email went out to staff reminding them of the harassment policy — which stated that harassment would not be tolerated — and warning them not to harass coworkers. The worker left early that day and went on medical leave.
In April, the worker requested that when she returned to work, she not report to the individuals who had participated in the rumours, including the acting manager. The city denied her request but assured her that the acting manager had been counselled, would not share personal confidential information with staff, and would take measures to correct behaviour contributing to a poisoned work environment.
The worker filed a grievance alleging harassment, sexual harassment, and reprisals in the workplace.
The arbitrator found that the acting manager helped to disseminate the rumours by discussing them with the worker’s coworker, helping to foster a work environment that contributed to the incident on Dec. 23 when the worker found the condom and the altered business card, violating discrimination provisions in both the collective agreement and the Ontario Human Rights Code.
“I find there is a sufficient connection between the events of Aug. 11 and Dec. 23, and the period between these dates,” said the arbitrator. “The fact that the events of Dec. 23 even occurred supports a finding that no apparent steps were taken to counteract the rumours on a continuing basis, which obviously had not stopped by Dec. 23.”
However, the arbitrator noted that the worker didn’t make any complaints until after the Dec. 23 incident. She claimed that she didn’t trust management and she was worried about repercussions for her job, but she could have reported to the union or other management members, the arbitrator said. In addition, the city started an investigation and sent a memo to all employees on Dec. 23.
The arbitrator determined that the city ought to have been aware of the rumours in the workplace and failed to take steps to stop their spread, but the worker didn’t do her part. The city was ordered to pay $1,000 in general damages to the worker.
Reference: Sarnia (City) and CUPE, Local 3690. Randy Levinson — arbitrator. Paula Rusak for employer. Matthew Alloway, Darcie McEathron for union. July 10, 2020. 2020 CarswellOnt 9832
