Murrell v. Burns International Security Services Ltd. [1994] O.J. No. 1019 (Ont. Ct. (Gen.Div.)
Facts: Murrell, a Branch Manager for Burns International Security Services Ltd., was dismissed without notice after two female employees working under his supervision made allegations of sexual harassment and sexual discrimination against him. The employer had a sexual harassment policy in place. When the complaints were made, Murrell was warned that similar conduct in the future would lead to dismissal. Such conduct was never repeated, yet the employer dismissed Murrell without notice approximately six months later.
Issues: (1) Was the employee wrongfully dismissed?; (2) What constitutes reasonable notice?
Result: The employer's dismissal of Murrell was without cause. There was no repetition of the alleged misconduct, thus no reason to justify dismissal. The employee did not discriminate against the female employees on the basis of sex. The alleged sexual harassment against one of the female employees did not occur and the incident involving the other employee was not serious enough to warrant dismissal.
Position: Branch Manager
Salary: $38,202.40 per year
Length of Service: 2.5 years
Result (award): 8 months compensation in lieu of notice, based on the abruptness of the employee's dismissal and the fact that he had a managerial position; $64,229.32 in damages.