Question
Stan is 42 years of age, and has worked as a lead hand in the employer's furniture factory for 16 years.Stan has had mostly favourable
Stan is 42 years of age, and has worked as a lead hand in the employer's furniture factory for 16 years.Stan has had mostly favourable performance reviews, although he sometimes responds angrily to criticism.
Stan likes to drink and when inebriated at work, he often amuses himself by grabbing the knees of female co-workers or poking them in the ribs. These are all women he socializes with at work and outside of work hours.His actions irritate them sometimes and they have repeatedly asked him to stop.On occasion he responds with profanity (swearing at them)However, he's mostly well-liked by his co-workers; they feel annoyed rather than threatened.Stan is considered fun to work with but a jerk and attention-seeker when drunk.
One night shift, when he is particularly drunk, "grabby" and profane, a male co-worker complains to Blaney, the new temporary HR manager, about Stan's behaviour.Blaney calls all four of Stan's female co-workers in for a group interview and tells them she is investigating alleged sexual harassment by Stan.Stan's female co-workers basically confirm the allegations andBlaney is disturbed by their statements.She confronts Stan, asking him if he has ever engaged in sexual harassment of co-workers.When Stan denies engaging in sexual harassment she suspends him.She tells him that while he is under investigation for sexual harassment, he is not to speak with any of his female co-workers.
Assuming that the investigation substantiates (supports) all of the allegations made against Stan, answer the following questions:
1. Did the employer have just cause under the common law to dismiss Stan under these circumstances? Support your answer by citing and referring to the legal principles and concepts relating to just cause dismissal learned in this course.(4 marks)
2. Do you think that the new HR manager did a good job in conducting the investigation?Explain your answer.(4 marks)
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