Human Rights Tribunal of Ontario
Between:
Katie Mitchell Applicant
-and-
1042735 Ontario Inc. o/a Mazda of Brampton Respondent
Decision
Adjudicator: Jennifer Scott Date: June 21, 2010 Citation: 2010 HRTO 1386 Indexed as: Mitchell v. 1042735 Ontario
Appearances By
Katie Mitchell, Applicant ) On Her Own Behalf 1042735 Ontario Inc. o/a Mazda of Brampton, Respondent ) Steve Alizadeh, Representative
Background
1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), dated June 22, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the “Commission”) on October 10, 2007.
2The applicant, Katie Mitchell, alleges she was sexually harassed and solicited in the workplace by Mr. Hong, a sales manager of the respondent (also referred to as the “Mazda dealership”). She alleges further that the respondent failed to respond appropriately to the harassment/solicitation when it did not terminate Mr. Hong’s employment.
3The respondent admits the applicant was sexually harassed and solicited in the workplace by Mr. Hong. It denies it is liable for Mr. Hong’s conduct and believes it responded appropriately to the applicant’s complaint.
4The hearing took place on June 11, 2010. The applicant and her father, Fraser Mitchell, testified. Steve Alizadeh testified on behalf of the respondent. Mr. Hong did not attend the hearing.
5While Mr. Hong was a named as a respondent in the complaint filed with the Ontario Human Rights Commission, he was not named in the Application before the Tribunal. I determined at the commencement of the hearing that it was too late to name Mr. Hong at that stage in the proceeding.
The Facts
6The respondent is one of nine independent car dealerships owned and operated by Mr. Alizadeh’s family in the Brampton area under the corporate name of the Brampton Auto Mall Inc. (“BAMI”). The dealerships include Mazda, Honda and Mitsubishi. The Honda dealership is across the road from the Mazda dealership and the Mitsubishi dealership is one kilometre away.
7The applicant commenced employment with the respondent in June 2007 as a receptionist. She was 20 years old at the time. After approximately one month of employment, the sales manager at the Mazda dealership, Brian Hong, engaged in various forms of sexual harassment and solicitation towards the applicant. Mr. Hong told the applicant that when he was with his wife, he wished he was with the applicant. The applicant interpreted Mr. Hong’s comment to be sexual in nature. The applicant testified that