A male firefighter who had been "drinking heavily" has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department's Christmas party.
The Christmas party was held at a restaurant. The male firefighter, a Captain at a fire station, told the female colleague that he thought she would get pregnant if she transferred to his fire station.
The female colleague later alleged that he had said that she would get raped and become pregnant if she transferred to his fire station. The arbitrator did not accept this allegation and concluded that the female firefighter had misheard or misunderstood the male firefighters. The union, however, admitted that if the arbitrator found that the male firefighter had threatened the female firefighter with rape, the City would have just cause to fire him.
The arbitrator stated:
"I accept the Grievor's evidence that he does not recall using the word ["rape"] and it would not be something that he would say. I acknowledge that the Grievor had a number of drinks that night and was being offensive. But the Grievor's comments were more directed towards Firefighter A [the female firefighter] being involved socially or sexually with other firefighters, and not directed at Firefighter A being assaulted.
"While it is true that the Grievor clearly mentioned Firefighter A getting pregnant, he was also talking about rumour and gossip surrounding her relationship with other firefighters."
According to the arbitrator, even if the male firefighter had used the word "rape", there was clearly no intention of uttering a threat, and the female firefighter testified that she did not believe that the male firefighter was threatening to rape her. The arbitrator stated, "I believe it is more probable than not that the Grievor only made some offensive comments about Firefighter A's involvement with Firefighter Hefferman."
In the end, the arbitrator reinstated the male firefighter with a three-month unpaid suspension, and demoted him to the rank of first class firefighter for a period of time to be agreed by the parties. The arbitrator also ordered that the male firefighter participate in "sensitivity and anti-harassment training".
Corporation of the City of Brampton v Brampton Professional Firefighter's Association, Local 1068, 2016 CanLII 87624 (ON LA)
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