In a recent ruling the Manitoba Human Rights Commission ordered New Age Automation Group to pay $110,000 in damages to a former executive assistant, B.S., after it was determined that the company’s president, R.L., sexually harassed her during her time at the company. This case highlights the serious consequences of sexual harassment in the workplace and the importance of a harassment-free environment for all employees.
Background of the Case
B.S. began her role as an executive assistant at New Age Automation Group in November 2015. Shortly after starting, she experienced inappropriate behaviour from the company president, R.L. He made numerous sexualized comments about her appearance, including objectifying remarks and sexual suggestions. B.S. testified that she was uncomfortable with the behaviour but felt financially burdened and unable to leave her job.
Inappropriate Text Messages and Physical Contact
R.L.’s harassment extended beyond verbal comments, as he sent B.S. lewd and inappropriate text messages after hours. One such text included a disturbing message stating, “I’m shit faced and naked help me please.” Despite B.S.’s response to remind him that his actions were inappropriate, R.L. persisted. The physical contact also escalated when R.L. made unwanted sexual advances, including an incident where he stood too close to B.S. at her desk and made humping motions. On another occasion, he placed his hand on the small of her back, despite her objections.
Unsolicited Valentine’s Day Gift and Further Abuse
R.L.’s behaviour continued with the unsolicited gift of a diamond necklace on Valentine’s Day. B.S. repeatedly expressed that she could not accept the gift, but R.L. insisted. Additionally, during a company event, R.L. grabbed and slapped B.S.’s rear end, further intensifying the harassment. The final straw came during a car ride where R.L. made sexually inappropriate comments, touched her face and hair, and placed his hand on her inner thigh. Feeling trapped, B.S. ultimately jumped out of the vehicle to escape.
The Aftermath: A Resignation and Legal Action
After B.S. resigned from her position in April 2016, the company president falsely claimed that she was fired for making an obscene gesture. R.L. did not respond to the complaint, and New Age did not provide any defence in the case. However, B.S.’s testimony, supported by text messages and other objective evidence, proved to be crucial in the tribunal’s decision.
The Tribunal’s Findings
The adjudicator, Tracey L. Epp, K.C., found R.L.’s actions to be harassment under the Human Rights Code, noting that he “knew or ought to have known that his conduct was unwelcome.” The tribunal also highlighted that the harassment was egregious and invasive, and in some cases, even constituted assault. The award included $85,893.11 for lost wages and $25,000 for injury to dignity, feelings, and self-respect—the maximum allowable amount.
A Message to Employers
This case serves as a strong reminder to employers of their legal obligations to provide a safe and harassment-free workplace. In addition to the financial damages, the tribunal ordered New Age to undergo harassment training should the company be reconstituted, and required R.L. to personally submit to such training. This ruling sends a clear message that harassment of any kind will not be tolerated, and employers must take proactive steps to prevent such behaviour.
If you or someone you know has experienced harassment in the workplace, it’s important to seek legal advice. Contact Kent Employment Law today to learn how we can help protect your rights, call (604) 266-7006.
For more information on this decision, see Smith v. New Age Automation Group Inc. 2024 MBHR 2 (CanLII).
