N.A. v. 1416992 Ontario Ltd. and L.C.

N.A. v. 1416992 Ontario Ltd. and L.C.

On the balance of probabilities the Tribunal found L.C. committed sexual harassment against N.A.; the employer 1416992 Ontario Ltd. was informed, failed to exercise due diligence, acted unreasonably and is vicariously liable under s.65 CHRA; the employer's actions (hour reduction, humiliation in meeting, failure to remove harasser) were causally connected to the complainant's loss of employment; remedies awarded to make the victim whole including lost wages, pain and suffering and wilful/reckless compensation against both respondents.

Citation
2018 CHRT 33
Parties
Complainant: N.A.; Commission: Canadian Human Rights Commission; Corporate Respondent: 1416992 Ontario Ltd.; Individual Respondent: L.C.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
19 December 2018
Procedural Posture
Human Rights Complaint / Decision (hearing Concluded)
Outcome
Complaints substantiated against individual respondent L.C. and corporate respondent 1416992 Ontario Ltd.; remedies awarded.
Legal Topics
Sexual Harassment, Sex Discrimination, Vicarious Liability / Employer Liability, Remedies and Damages, Confidentiality Order, Constructive Dismissal
Source Language
English
Human Rights Employment Law Workplace Harassment Sexual Harassment Sex Discrimination Vicarious Liability / Employer Liability Remedies and Damages Confidentiality Order +1 more

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Parties

N.A.

Complainant

Canadian Human Rights Commission

Commission

1416992 Ontario Ltd.

Corporate Respondent

L.C.

Individual Respondent

Procedural Posture

Human Rights Complaint / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether L.C. sexually harassed N.A. in or related to the workplace
  2. 2 Whether 1416992 Ontario Ltd. is liable under s.65 CHRA for the individual respondent's conduct
  3. 3 Whether the employer exercised due diligence to prevent or mitigate harassment

Ratio Decidendi

On the balance of probabilities the Tribunal found L.C. committed sexual harassment against N.A.; the employer 1416992 Ontario Ltd. was informed, failed to exercise due diligence, acted unreasonably and is vicariously liable under s.65 CHRA; the employer's actions (hour reduction, humiliation in meeting, failure to remove harasser) were causally connected to the complainant's loss of employment; remedies awarded to make the victim whole including lost wages, pain and suffering and wilful/reckless compensation against both respondents.

Court Disposition

Complaints substantiated against individual respondent L.C. and corporate respondent 1416992 Ontario Ltd.; remedies awarded.

Orders

  • L.C. shall pay the Complainant compensation for pain and suffering in the amount of CAD 10000
  • L.C. shall pay the Complainant compensation for wilful or reckless discrimination in the amount of CAD 20000