HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Irma Romano
Complainant
-and-
Ontario Human Rights Commission
Commission
-and-
1577118 Ontario Inc. o/a La Luna by the Lake Restaurant and Antonio Piemontese
Respondents
DECISION
Adjudicator: Kathleen Martin
Indexed as: Romano v. 1577118 Ontario Inc.
Human Rights Tribunal of Ontario 400 University Avenue, 7th Floor Toronto ON M7A 1T7 Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca
APPEARANCES
Irma Romano, Complainant ) Elisabeth Brückmann, ) Counsel
Ontario Human Rights Commission ) Megan Evans Maxwell, ) Student-at-Law
1577118 Ontario Inc. o/a La Luna by ) Antonio Piemontese the Lake Restaurant and Antonio Piemontese, ) Respondents )
INTRODUCTION
1Irma Romano, the complainant, was employed as a server at La Luna by the Lake Restaurant (the corporate respondent) for approximately one month in or around August 2003. The Commission and Ms. Romano allege that during her employment, Ms. Romano was subjected to sexual harassment and sexual solicitation and advances by Antonio Piemontese, one of the owners of the restaurant. It is further alleged that when Ms. Romano rejected Mr. Piemontese’s sexual overtures, he punished her in a number of ways, including terminating Ms. Romano when she gave two weeks’ notice of her resignation, reducing her wages, refusing to provide her with a record of employment and harassing her when she picked up her final pay and in the subsequent months after her termination.
2Mr. Piemontese denies all of the allegations. According to Mr. Piemontese, Ms. Romano resigned her employment voluntarily upon being advised that she was scheduled for an interview about her lateness. Mr. Piemontese states that the restaurant operated by the corporate respondent closed in August 2004 and the corporate respondent itself was dissolved on February 26, 2007.
3The issues before the Tribunal are:
- Was Ms. Romano subjected to sexual harassment in the workplace contrary to [sections 5](https://www.canlii.org/en/on/