Dr. David Baxter

The applicant, a former waitress, alleged that the respondent, her general manager, sexually harassed her through explicit comments, a text message, and a highly vulgar voicemail.

The respondent did not attend the hearing.

The Tribunal found the applicant's evidence credible and concluded that the respondent's conduct constituted sexual harassment and solicitation by a person in a position of power, violating the Human Rights Code.

The Tribunal awarded the applicant $15,000 in damages for injury to dignity, feelings, and self-respect, noting the severe psychological impact, including a diagnosis of post-traumatic stress disorder.

The appellant police officer pled guilty to discreditable conduct after being convicted criminally for shoplifting and uttering threats while off duty.

The Hearing Officer ordered his dismissal.

On appeal, the Commission found the Hearing Officer committed a manifest error in principle by accepting the diagnosis of work-related Post Traumatic Stress Disorder (PTSD) but failing to consider it as a mitigating factor in the penalty phase.

The uncontradicted medical evidence showed the appellant had recovered and his risk of reoffending was extremely low.

The penalty was varied from dismissal to a one-year demotion to third-class constable with mandatory psychological monitoring.