Employer ordered to pay $99,000 in damages for propositioning employee

In a  recent decision, the British Columbia Human Rights Tribunal awarded approximately $99,000 in damages against a general store employer who had repeatedly sexually harassed an employee and then later terminated her for refusing his advancements. The unnamed female involved in the case was 21 years old when the harassment took place. The employer who had harassed and terminated the employee was Wooyoung Joung, who also goes by Aiden or Kai, who was in his mid-40’s at the time.

Issues before the Tribunal

The employer made multiple sexual comments and advances towards the employee, which culminated when both parties went to lunch at the persistence of the employer. While driving back, the employer offered the employee $2000 in exchange for her having sex with him. The employee refused, as well as subsequent other propositions by the employer. After multiple refusals made by the employer in the weeks following the incident, he terminated the employee for what he called her “insincere work behavior”. After filing a human rights complaint, the employee discovered that her former employer was trespassing on her property.

The Tribunal’s decision

The Court ordered the employer to pay $53,916 in lost wages and $45,000 for injury to her dignity, feelings, and self-respect.

What rights does an employee have when it comes to sexual harassment in the workplace?

Every employee has a right to be free from sexual harassment in the workplace, as guaranteed by section 13 of the British Columbia Human Rights Code. If you make a sexual harassment complaint, an employer should investigate and respond to the complaint in a fair, sensitive, and timely manner. The Code does not specify how complaints should be dealt with as every workplace and complaint is different. But the law is clear that it should be taken seriously, and that remedies to address complaints should be implemented when necessary.

Employees also have a right to be free from negative consequences as a result of bringing a sexual harassment complaint forward. This is particularly important when the complaint is made against a superior or somebody with who the complainant works closely. In some cases, it may be appropriate to keep the identity of the complainant confidential.

WATCH: Employment lawyer Lior Samfiru explains what you need to know about workplace harassment in season 5 episode 16 of the Employment Law Show.

What recourse does an employee have if they are sexually harassed?

Your first recourse when you experience sexual harassment should be available to you through your employer. Many workplaces should have a sexual harassment policy, and some may have a complaint or investigative procedure policy to address these situations. If no such policy or procedure exists, or the complaint is against the employer itself, an employee’s next recourse is making a complaint with the Human Rights Tribunal.

An employee who experiences sexual harassment at work may also have civil remedies available to them. For example, if you are unfairly terminated as a result of bringing forward a sexual harassment complaint, you may receive additional compensation for aggravated or punitive damages. Additionally, there are other civil claims that one could bring depending on the circumstances.

Key Takeaways for Employers

Dealing with harassment complaints

Employers should be careful to handle incidents and complaints with the appropriate diligence, attention, and care. Though there can be a range of appropriate outcomes and actions in response to a sexual harassment incident or allegation, the employer’s decision should be informed by a sound investigation process. This includes, at the minimum, speaking to all the parties involved, any witnesses to the incident or complaint, and ensuring that all participants are free from consequences as a result of participating in the investigation process. Confidentiality of the complainant and witnesses may also be appropriate.

Providing a safe and healthy work environment

It is also important to remember that an employer’s duty is to make sure the workplace is free from sexual assault. This means that employers must do what they can to discourage unwelcome behaviors. This can be done by having disciplinary measures in place that act as a general deterrent against inappropriate conduct in the workplace. Just as important, however, is creating an environment where complaints can be brought without fear of retribution. Having a written policy in place can go a long way in assisting with this, as Employees and Employers can know what to expect when a complaint is made.

Have you experienced harassment at work?

Have you experienced sexual harassment at work and tried to deal with it internally, but to no avail? Before you take any action against your employer, it is important that you contact our team to discover what your workplace rights are, and how the employment lawyers at Samfiru Tumarkin LLP can enforce them.