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An arbitrator has upheld the termination of a Calgary Transit driver fired for sexually harassing a female co-worker on the job in July 2018.

The four-year employee was dismissed two months after the woman complained he rubbed her leg four times and made unwelcome sexual advances during a brief interaction at a transit depot before her shift.

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In a lengthy written ruling issued Dec. 16, James Casey dismissed a union grievance filed on the male driver’s behalf.

His decision states the complainant was seated in a parked bus when a co-worker appeared at the open, driver’s side window. Noticing his colleague was wearing uniform shorts, he exclaimed, “Wow, legs” before reaching in and stroking the woman’s left leg.

The two workers hardly knew each other and had no previous relationship, the hearing was told.

As the driver attempted to shield her bare leg with her hand, he continued.

He returned less than three minutes later, again reaching into the open window and rubbing her leg. This time, the male co-worker pointed toward the woman’s waist and twice asked, “Are you shaving down there, too?”