Alan L.W. D'Silva

This is a remedy decision following a finding that the complainant was sexually harassed by co-workers and that management's failure to address the harassment led to her dismissal.

The Board of Inquiry awarded special damages for wage loss, applying a common sense test to limit recovery to the period before intervening events broke the chain of causality.

The Board also awarded $10,000 in general damages for the loss of the right to be free from discrimination and $5,000 for mental anguish, noting the respondents' reckless disregard for the complainant's rights.

A request for legal costs was denied for lack of jurisdiction.

The complainant, a labeller at a paint manufacturing plant, alleged she was subjected to ongoing sexual and gender-based harassment by two male co-workers, including inappropriate touching, sexual comments, and physical assaults.

After she suffered a chemical burn from one of the co-workers, the police were called and the men were charged with sexual assault.

Despite this, management failed to investigate, separate the employees, or take any steps to prevent further harassment.

The complainant was subsequently terminated for alleged insubordination.

The Board of Inquiry found that the complainant was sexually harassed, creating a poisoned work environment, and that the harassment was a contributing factor to her dismissal.

The corporate respondent and its senior managers were held jointly and severally liable for failing to take reasonable steps to address the harassment.