Law360 Canada ( November 28, 2024, 3:31 PM EST) -- Appeal by appellant from a judgment of the Federal Court dismissing its application for judicial review of a labour adjudicator’s decision allowing respondent’s dismissal complaint. The respondent worked for the appellant for over 30 years and had risen to a management position. Following an internal investigation, the respondent was dismissed for violating the appellant's Discrimination and Harassment Policy (Harassment Policy) and the Canadian Human Rights Act. It was claimed that he had sexually harassed a subordinate employee (complainant). The investigator noted the respondent's admission that it was inappropriate for him to develop a personal relationship with the complainant while he was her immediate supervisor. The respondent, believing he was the victim of injustice, filed an unjust dismissal complaint against the appellant. An appointed adjudicator concluded that the respondent did not sexually harass the complainant, but imposed a four-month suspension without pay for breaching company policies. The appellant sought judicial review of the adjudicator's decision, which the Federal Court dismissed. The Federal Court considered the adjudicator's decision to be reasonable both in its finding that the respondent did not sexually harass the complainant and in the choice of appropriate penalty. The appellant contended that the adjudicator's reasons were deficient and lacked analysis of the applicable law and evidence and that the Federal Court improperly supplemented the adjudicator's reasoning. The appellant asked the Court to make an order allowing the appeal, to set aside the Federal Court's judgment and to make the decision that the adjudicator should have made, namely, to reject the dismissal complaint....