Rolling out Effective Workplace Policies – Case Study
In our recent blog post, Rolling out Effective Workplace Policies, we outlined the relevant considerations for drafting, implementing, and enforcing workplace policies. In today's blog post, we provide a real-life example from recent caselaw, which showcases how following best policy practice can have tangible impacts when dealing with workplace issues.
Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728
In this case, a senior employee, Mr. Hucsko, was terminated for cause after making several inappropriate comments to a female co-worker, such as asking if she danced on tables, suggested she sit in a male co-worker's lap, and making a comment involving bending over and a thrusting gesture, and refusing to apologize for such conduct. In terminating Mr. Hucsko, the employer relied, in part, upon its workplace harassment policy which prohibited inappropriate comments of a sexual nature. Further, the policy had been clearly communicated to all employees, including Mr. Huckso, he had received training on it, and was aware of its contents.
Mr. Huckso challenged the termination, and the case went all the way up to the Ontario Court of Appeal. Ultimately, the Court of Appeal sided with the employer and found the termination for cause justified. In reaching this conclusion, the Court of Appeal found the workplace harassment policy was enforceable. The policy was clearly communicated, consistently applied, and Mr. Huckso had awareness and training on the policy.
We would always encourage employers to seek legal counsel before proceeding with a termination for cause. However, this case is a good example of how clearly drafted and implemented workplace policies can be an important mechanism to promote a positive work environment and take action in the event of non-compliance.
If you have questions about implementing or enforcing policies in your workplace, please reach out to a Lee Workplace Law team member.