Manager publicly berated employees, made inappropriate sexual remarks
The New Brunswick Court of Appeal has upheld a lower court ruling that a logging company was justified in firing a high-performing plant manager who bullied employees and made inappropriate sexual remarks.
As reported in the Dec. 7, 2005, issue of Canadian Employment Law Today, Scott Hall was hired as plant manager at Boise Alljoist Ltd. in St. Jacques, N.B., in August 2001. He was fired on July 29, 2003. Problems that arose relating to Hall included:
•he said he wanted to sleep with the plant’s HR co-ordinator;
•he made inappropriate comments about female workers;
•he conducted loud conversations in the hallway in which he would publicly criticize employees;
•employees were afraid of him and his ranting and raving;
•he invited the HR co-ordinator to come sit on his lap during a meeting when there weren’t enough chairs;
•at an after-hours dinner, he told an employee, in front of her boyfriend, that he would like to see her in a mini-skirt with fishnet stockings riding a motorcycle; and
•he allegedly put on a fake penis at dinner and revealed it in the face of a company lawyer.
The lower court ruled the company had just cause to terminate Hall’s employment for cause without notice, calling his conduct “a gross and gratuitous abuse of his power.” Hall appealed. The Court of Appeal dismissed the appeal.
“We see no error in the trial judge’s conclusion that (Hall’s) conduct towards his subordinates, when viewed against the backdrop of his past actions, constituted just cause entitling (the employer) to terminate his employment without notice,” the Court of Appeal said.
For more information see:
• Hall v. Boise Alljoist Ltd., 2006 CarswellNB 641 (N.B. C.A.)
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As reported in the Dec. 7, 2005, issue of Canadian Employment Law Today, Scott Hall was hired as plant manager at Boise Alljoist Ltd. in St. Jacques, N.B., in August 2001. He was fired on July 29, 2003. Problems that arose relating to Hall included:
•he said he wanted to sleep with the plant’s HR co-ordinator;
•he made inappropriate comments about female workers;
•he conducted loud conversations in the hallway in which he would publicly criticize employees;
•employees were afraid of him and his ranting and raving;
•he invited the HR co-ordinator to come sit on his lap during a meeting when there weren’t enough chairs;
•at an after-hours dinner, he told an employee, in front of her boyfriend, that he would like to see her in a mini-skirt with fishnet stockings riding a motorcycle; and
•he allegedly put on a fake penis at dinner and revealed it in the face of a company lawyer.
The lower court ruled the company had just cause to terminate Hall’s employment for cause without notice, calling his conduct “a gross and gratuitous abuse of his power.” Hall appealed. The Court of Appeal dismissed the appeal.
“We see no error in the trial judge’s conclusion that (Hall’s) conduct towards his subordinates, when viewed against the backdrop of his past actions, constituted just cause entitling (the employer) to terminate his employment without notice,” the Court of Appeal said.
For more information see:
• Hall v. Boise Alljoist Ltd., 2006 CarswellNB 641 (N.B. C.A.)
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Manager confused bullying with leadership
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