The Ontario Superior Court (Divisional Court) has upheld findings of a McMaster University tribunal that a group of faculty members in the School of Business engaged in harassing and bullying behaviours in the workplace. The Court also upheld the University’s tribunal process that reviewed the complaints and issued findings and sanctions in the matter.

“We accept that breaching Tribunal orders and personal harassment and bullying in the workplace, particularly in a university environment, are unacceptable,” wrote Justices Sachs, Hackland and Thorburn. “We also accept that the Applicants (faculty members) were found to have engaged in such conduct including in the context of processes and decision making affecting the career advancement of colleagues,” they wrote in their decision.

The Court ruled against the faculty members who challenged the University’s process that involved a three-person Tribunal comprised of other faculty members considering the facts in the case.

In all instances, the Justices rejected the claims of the faculty members that the Tribunal hearing was flawed. The Court did rule that in some instances, the penalties handed down by the Tribunal were too lengthy.

Tribunal ruling:

• Three faculty members be suspended for three years each. These faculty members are now retired from McMaster.

Court ruling

• These suspensions should be one year in length but the three faculty members should not be reinstated at the University.

Tribunal ruling:

• One faculty member be suspended for one year.

Court ruling:

• This suspension should be one academic term

Tribunal ruling:

• One faculty member be suspended for one academic term and another receive a written reprimand

Court ruling:

–           These penalties stand unchanged.

The University will now establish a fair and independent process to consider what compensation entitlements are appropriate for the faculty members whose length of penalties have been reduced.