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Among her reasons was that the offence, being only a single incident, was at the lower end of the sexual harassment spectrum. She also found the complainant did not appear traumatized by the incident and evidence indicated it was nothing more than “an impulsive, ill-thought out, isolated incident,” the decision states.

The arbitrator also cited the offending employee’s long service record and lack of previous discipline.

The City of Calgary took the case to the province’s highest court after a judicial review upheld the arbitrator’s decision. The matter will now be heard again before a different arbitrator.

In allowing the appeal, the two justices said the arbitrator did not consider the safety of other city workers.

“In our view, the arbitrator focused on the interests of the complainant and the grievor without adequately considering the interests of all employees,” Justice Veldhuis wrote.

“The fact that there was no pattern of misconduct or that this was an isolated incident does not lead to the conclusion that future co-workers could be confident or assured of a workplace free of such incidents in the future.”

In a dissenting opinion, Justice Kevin Feehan said he believed the arbitrator’s call for a nine-month, unpaid suspension was reasonable.

“It fell within the range of possible, acceptable, and rational solutions that are justifiable, transparent and intelligible,” he wrote.