‘Barnyard’ atmosphere factor in ruling in sexual harassment case: adjudicator
MONCTON, N.B. — The “barnyard-like” atmosphere of sexual banter and gestures around the office helped convince a New Brunswick adjudicator to reverse the firing of a probation officer for sexual harassment.
Adjudicator Robert Breen says in his decision, dated July 28, that Kevin Kelly’s firing was too severe a penalty and is instead calling for a five-month suspension without pay and his reinstatement in a different office.
“A mitigating consideration here is .. the cited ‘office culture’ of the Moncton probation office,” he wrote.
“This, I observe, can be described, at times, as ‘barnyard’ like.”