How have the courts treated allegations of sexual harassment in a disciplinary letter?

British Columbia, Canada


The following excerpt is from Wang v. Oceanfood Industries (No. 2), 2011 BCHRT 303 (CanLII):

With respect to the first disciplinary letter, even assuming without deciding that it constitutes adverse treatment, there is no reasonable prospect of establishing a nexus between the alleged adverse treatment and her sex. Although she does not believe that her behaviour warranted any sanction, there is no dispute between the parties that the Plant Manager issued the letter in response to her conduct as an individual, after receiving notice of the reassignment, and not to the characteristics attributed to her as a woman: Gichuru v. Pallai (No. 2), 2010 BCHRT 125, para. 103. Taken together, there is nothing in the materials to take these allegations out of the realm of conjecture. (b) June 2010 Allegations

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