1. Jacob worked as a food service attendant at Broadview Home for the Aged. His job description included preparing food and assisting residents who could not feed themselves. Jacob had been working for his employer for almost three years when he was involved in an incident that led to his dismissal. On the day in question, Jacob was working in the kitchen with two female co-workers, washing dishes and preparing food. Music was playing on a radio, and one of Jacob's co-workers asked him, "Are you going to do a little dance for us?" The other employee asked, "Are you uncomfortable with your body?" Jacob left the kitchen, went to a nearby storage area, removed all his clothing, and went back to the kitchen. He streaked in front of his two co-workers, waving his arms to get their attention. This incident lasted a few seconds. Jacob returned a few minutes later with his clothes on and laughed about what he had done. 
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3. The next day Jacob bragged to several co-workers about what he had done and how funny it was. When management questioned Jacob, he admitted that he had streaked his co-workers. The employer investigated the incident and found that Jacob had no explanation for his behavior other than he was joking with his co-workers. Jacob apologized to his co-workers after management spoke to him. The employer had a code of conduct and policy on workplace harassment in place, which provided that if the policy was breached the penalties included dismissal. It was confirmed in the investigation that Jacob had attended training on these policies and was aware of their content. The employer terminated Jacob and a letter of termination stated that he had violated the employer's policies, and the employer could not condone sexual harassment in the workplace. The union representing Jacob filed a grievance and eight months after the incident, an arbitration hearing was held. 
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5. What arguments will the employer make at the arbitration hearing? What arguments will the union make at the arbitration hearing? Assume that you are the arbitrator hearing this case. Explain what your decision would be, including the reasons for your decision.

Answer rating: 100% (QA)

As the arbitrator hearing this case I would consider the arguments presented by both the employer and the union before making a decision Arguments the ... View the full answer