An Ontario employee has been convicted of criminal mischief
after sending a fake e-mail to fellow employees, degrading another
The employee, apparently upset that the co-worker rejected his
request that they be more than friends, sent an e-mail to nine
other employees, purportedly from the female co-worker. The e-mail
degraded the co-worker professionally, sexually and physically.
The employee pleaded guilty to criminal mischief.
The employee also pleaded guilty to separate criminal harassment
charges, apparently unrelated to the workplace. He received a
suspended sentence and two years' probation on the mischief
charge, and 90 days' imprisonment (in addition to 2 months'
time served) on the criminal harassment charge.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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