Five Metrolinx transit workers who were fired for making sexually harassing comments about female co-workers have been ordered reinstated with lengthy suspensions substituted for their terminations.
The Grievance Settlement Board found the workers engaged in conduct that was “egregious” and “extremely offensive,” with comments that were “shameful and reflected poorly on their character.”
But the arbitrator determined the misconduct did not warrant termination, despite acknowledging it “clearly is deserving of significant discipline.”
The five workers, represented by Amalgamated Transit Union Local 1587, were discharged in April and May 2021 following a Metrolinx investigation. All were found to have violated the employer’s workplace harassment and discrimination policy. Three also faced findings of additional harassment beyond the sexual harassment allegations.
The workers had between six and nine years of seniority at the time of their terminations.
Apologies factor into decision
The arbitrator noted all five workers apologized for their conduct, recognized the comments were inappropriate, and expressed regret.
“However, this should not be seen as a condonation of their conduct which is deserving of a lengthy suspension,” the ruling stated.
Two of the workers received five-week suspensions while the remaining three received four-week suspensions. The arbitrator ordered Metrolinx to reinstate them with full service and seniority and with compensation, minus mitigation and the disciplinary suspensions.
Zero-tolerance policy in place
At the time of the incidents, Metrolinx had communicated its stance on workplace harassment through multiple channels.
In December 2020, the president and CEO delivered a message to all employees outlining steps the organization had taken to foster a safe and inclusive workplace. The message stated any act of harassment or discrimination would not be tolerated.
In March 2021, another letter reinforced Metrolinx’s zero-tolerance position on workplace harassment and discrimination and outlined educational steps taken with employees.
Complex procedural history
The case had a lengthy path through the arbitration and court systems before reaching this outcome.
An earlier arbitrator at the Grievance Settlement Board reinstated the workers in July 2023. The Divisional Court reviewed that decision and quashed it in April 2024, ordering the matter be heard by a different arbitrator.
Metrolinx appealed the Divisional Court ruling, but the Court of Appeal for Ontario upheld it in June 2025. The current arbitrator was agreed upon by the parties to conduct a fresh hearing.
The parties proceeded through an expedited mediation-arbitration process. After extensive mediation discussions over multiple days failed to produce agreement, the matter proceeded to arbitration.
The arbitrator applied factors from established labour arbitration case law to determine whether discharge should be upheld or reduced. These factors included frank acknowledgment of misconduct, the workers’ past records, and their future prospects for good behaviour.
Metrolinx operates GO Transit, the UP Express and Presto. GO Transit serves as the regional public transit service for the Greater Toronto and Hamilton Area, operating train lines and bus routes that carry 70 million riders annually.
The arbitrator retained jurisdiction to address any difficulties with interpretation or implementation of the award. Details regarding the workers’ return to work were remitted back to the parties to determine.
See full breakdown of this ruling in our sister publication HR Law Canada.
