Board Finds Sexual Harassment Took Place
An independent human rights board of inquiry has found Bay Landing Dining Room and Lounge in Prospect Bay and former employee Tommy Duggan liable for sexual harassment.
The board awarded former employee, Jan Slaunwhite of Prospect Bay, $3,500 in general damages and $6,760 in lost wages. Bay Landing Dining Room and Lounge has also been ordered to develop a sexual harassment policy acceptable to the Nova Scotia Human Rights Commission within six months. The policy must be implemented two months after that occurs.
The board of inquiry found that Ms. Slaunwhite was sexually harassed by her co-worker on Nov. 5, 2000 while she was tending bar at the Bay Landing Dining Room and Lounge. Board chair Bonita Small also found that the employer was liable for the behaviour of its employee, Mr. Duggan.
Ms. Small wrote that Bay Landing managers did not take adequate steps in accordance with the Human Rights Act to "send a proper message to the complainant that this was being taken seriously and to the general public that such behaviour would not be tolerated."
Ms. Slaunwhite alleged Mr. Duggan stayed after hours to help her close the bar and sexually harassed her by making lewd remarks, touching her and trying to make her touch him in a sexual way.
A complaint is referred to a board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the Provincial Court selects a nominee to chair the hearing from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.
Evidence collected during the investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether or not discrimination has occurred.
All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.
A copy of the independent board decision is available on the commission's website at http://gov.ns.ca/humanrights/decisions/2005decisions.htm .