Greg Dobney

The applicant, a restaurant server, alleged that the general manager sexually harassed and assaulted her during a shift, including slapping her buttocks, unwanted sexual touching, and whipping her with a towel.

The Tribunal found the applicant's evidence credible and concluded that the manager's conduct amounted to discrimination and harassment on the basis of sex.

The corporate respondent was held vicariously liable as the manager was its directing mind.

The Tribunal awarded $17,000 for injury to dignity, feelings, and self-respect, but dismissed the claim for lost wages as the applicant quickly found alternative employment.

The applicant filed a Request for an Order During Proceedings to add a personal respondent and a franchisor as an additional corporate respondent to her human rights application alleging sex discrimination in employment.

The Tribunal applied the Smyth test and denied the request to add the franchisor, finding no basis for liability as it was a separate legal entity and not the applicant's employer.

The Tribunal granted the request to add the personal respondent, finding a factual dispute regarding whether he was acting within the scope of his employment at the time of the alleged incidents.