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Sex based discrimination and poisoned work environment

Sambrano Human rightsDoes an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code (“Code”)? This issue was determined in Hill v. Intersteam Technologies Inc., a recent decision from the Human Rights Tribunal of Ontario.

Background

The applicant, Kelly Hill, worked in a small workplace. She was employed with the corporate respondent, Intersteam Technologies Inc., for only a short period of time from May of 2013 until November 2013. (more…)

The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

Toronto Paralegal Generally speaking, res judicata[1] (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited. (more…)

Sexual harassment under the Code: Smith v. The Rover’s Rest

wikisexualharassmentThe case of Smith v. The Rover’s Rest, 2013 HRTO 700 is a recent case dealing with sexual harassment and reprisal under the Human Rights Code of Ontario.

At the time of the incidents, the applicant, Debbie Smith was a 39-year-old mother being paid $7.00 per hour as a bartender at the Rover’s Rest in Ajax, Ontario. The applicant worked at the bar between February and September of 2009. On November 8, 2009 Ms. Smith filed an application with the Human Rights Tribunal of Ontario alleging that the individual respondent, the manager and owner of the small business, Bruce Dorman had subjected her to sexual harassment and advances during employment. Further, the application alleged she was terminated when she refused these advances and when the respondent wrongly believed that she was in a relationship with someone else.[1] She further alleged, that after she was terminated, the respondent delivered discriminatory, harassing and threatening letters to her. (more…)

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