Failure To Investigate Not Fatal To Just Cause Termination

The Alberta Court of Queen's Bench's recent decision in Watkins v Willow Park Golf Course, 2017 ABQB 541, centers around a case of a supervisor who developed unreturned romantic feelings for another employee. The case also contains important lessons for employers on how to address cases of sexual harassment in the workplace. Ralph Watkins was employed as the Superintendent of the Defendant Golf Course. In May/June 2011, Mr. Watkins began to develop an infatuation with Ms. Li, an employee working on the grounds keeping crew. As a result of Mr. Watkins' feelings for Ms. Li, she was given preferential treatment in a number of respects. Nevertheless, Ms. Li made it clear to Mr. Watkins that his affection and hopes for a relationship were not reciprocated. After being rebuffed, Mr. Watkins' attitude towards Ms. Li fluctuated from continuing to trying to woo her and becoming abusive. Mr. Watkins' bullying and abuse included name calling, cursing, aggressiveness, and a continuing stream of inappropriate communications from Mr. Watkins to Ms. Li, both on and off the clock. It reached the point where she feared for her safety. The Golf Course's management first became aware of the relationship between Ms. Li and Mr. Watkins when another employee complained of the preferential treatment she was (initially) receiving. In response to this, management directed Mr. Watkins to terminate Ms. Li, or at least to strip her of the title of "Assistant Superintendent". However, no tangible change occurred. It was not until several months letter, when Ms. Li wrote a letter of complaint to the entire Management Committee concerning Mr. Watkins' behavior, that they took action. The Management Committee discussed the situation at a meeting, and interviewed other employees. They also asked Mr. Watkins to respond to the allegations at the meeting, to which he gave a blanket denial. After an hour long meeting, the Management Committee proceeded to terminate Mr. Watkins with just cause, citing:

Verbal and sexual harassment; Insubordination (for failing to terminate or demote Ms. Li per their instructions); Mr. Watkins' failure to disclose his relationship with Ms. Li; and The impact any relationship could have on other employees. After his termination, Mr. Watkins sued the Golf Course, arguing that his termination with cause was unwarranted, particularly in light of the Golf Course's alleged failure to properly investigate Ms. Li's claims or to allow him a meaningful...