Re Purolator Courier Ltd and Milton

Document Type

Arbitration Decision

Publication Date



Dismissal, Unjust, Manager, Sexual Harassment, Supervision, Purolator, Jurisdiction


The Complainant, Geoff Milton, alleged that he was dismissed unjustly, contrary to sections 240-2 of the Canada Labour Code, by the Employer, Purolator Courier Ltd., * with whom he had been employed since 1985. From December 1995 to his termination on May 1, 1996 he was Unit Manager for the Employer's Kentville, Bridgewater and Yarmouth depots. The Employer, a national courier company, objected to my jurisdiction on the basis that the Complainant was a "manager" and therefore excluded by section 167(3) from the protection of sections 240-2 of the Canada Labour Code. and, in the alternative, responded that the Complainant was justly dismissed for sexually harassing a junior female employee under his direct supervision. The Emplover also relied on the fact that the Complainant's his work record was marred by somewhat similar demonstrations of poor judgement. There was dispute about some of the most sensitive facts, the Complainant's testimony putting his acts and statements, and those of the female employee, in a quite different light than did her testimony and that of the Employer's other witnesses. The evidence was detailed and carefully presented.


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