BMO fires bankers following alleged homophobic harassment

Six employees are no longer with the Bank of Montreal (BMO) following an internal probe into the alleged bullying and harassment of a male colleague in Toronto.

According to The Globe and Mail, a young investment banker with the lender’s mining group (BMO Nesbitt Burns) claimed that he was called homophobic slurs and targeted both in person and virtually.

“An employee escalated a complaint that alleged completely unacceptable behaviour,” John Fenton, BMO’s head of media relations, said in a statement.

“We take matters of misconduct very seriously. An investigation was launched immediately.”

While the bank refused to comment on the six individuals who are no longer with the company, sources told The Globe four mining bankers in Toronto were fired, and that the other two workers resigned.

One of the staffers who quit was reportedly the director responsible for “overseeing the juniors.”

BMO Nesbitt Burns regularly advises Canada’s largest mining companies on mergers and acquisitions.

SEE ALSO
• Employment lawyer on BMO scandal and workplace harassment: CTV News
• BMO shuttering retail auto finance business, laying off staff
• Six senior executives fired from Alberta Health Services

Staff encouraged to “speak up”

Alan Tannenbaum, CEO of BMO Nesbitt Burns, told employees in a note following the terminations that it’s “our responsibility to act and behave according to our code of conduct.”

“Any inappropriate behaviour that undermines our culture and reputation will not be tolerated,” Tannenbaum said in the note, which was obtained by The Globe.

“The consequences are serious and broad reaching.”

He encouraged staff to “speak up” if they notice bad behaviour in the workplace or when “something doesn’t seem right.”

Can my employer fire me for harassing a colleague at work?

Non-unionized employees in Canada can be fired for harassing a colleague at work.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

If you are harassing a colleague at work, your employer might have grounds to fire you for cause — meaning no severance package or access to Employment Insurance (EI) benefits.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be acceptable, which is very hard to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Things to never do before seeking legal counsel

How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

However, there are some situations where non-unionized workers could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your employer’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Severance pay for federally regulated employees
• Rights to severance for banking sector staff
• Severance packages during a recession

What should I do if I experience harassment or discrimination at work?

If you experience harassment or discrimination from a co-worker or supervisor, document the incidents in writing and report them to the appropriate department at your company (i.e. human resources).

Non-unionized employees in Canada have a right to work in an environment free of harassment and discrimination.

It’s illegal for workers to be discriminated against based on protected grounds under provincial and federal human rights legislation.

Examples of protected grounds include:

Your company has a duty to investigate and respond appropriately to allegations of harassment and discrimination in the workplace.

SEE ALSO 
• Duty to accommodate: Employee rights
• Employment Law Show: Duty to accommodate in Canada

What should I do if my employer is harassing or discriminating against me?

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, there is a very good chance that you can treat it as a constructive dismissal.

However, if you believe that you have been constructively dismissed, don’t quit your job until you speak with our firm.

We can review your situation, assess your legal options, and help you secure the compensation that you are owed.

LEARN MORE
• Employment Law Show: What to know about workplace harassment
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Mistakes employers make

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint if you experience harassment or discrimination in the workplace.

The Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful human rights complaints can result in compensation for the individual who experienced harassment.

SEE ALSO
• Recruiter awarded $50K, lost wages after sexual harassment by HR manager
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Alberta admin assistant awarded nearly $40K in discrimination case

Can my employer punish me for reporting harassment or discrimination at work?

The short answer is no. Many provinces have legislation in place that gives non-unionized employees the right to report harassment or discrimination at work.

• Example: Your manager constantly insults you because of your sexual orientation. You inform your employer that you are being harassed by a member of the management team. The company can’t make major changes to your job as punishment, including demoting you, cutting your pay, or increasing your workload. These types of modifications are illegal in Canada.

If your boss disciplines you or threatens to discipline you for asserting your workplace rights, that is a reprisal and you should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What employees need to know
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Employee rights

My boss is pressuring me to quit after reporting harassment at work, what should I do?

No matter how upset your employer is that you reported harassment or discrimination at work, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting a member of our team.

We can tell you if you have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, reach out to Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.