Board Issues Decision in Harassment Case

An independent human rights board of inquiry has ruled in favour of a Halifax woman in a discrimination case involving sexual harassment in the workplace.

Karen Davison, a former employee of the Nova Scotia Construction Safety Association, had alleged that while working for the safety association, she was subjected to sexual harassment and then retaliation when she filed a complaint with the Nova Scotia Human Rights Commission.

In the decision, the board found the safety association and two of its employees, Bruce Collins and Michael Kelly, liable and awarded Ms. Davison $13,000 in general damages and $7,000 in punitive/exemplary damages. Payment of damages is due within 90 days of the July 15 decision.

In addition to damages, the board ordered the following:

• the association must provide sensitivity and discrimination training for employees and board members for as many hours as the Human Rights Commission considers necessary;
• the Human Rights Commission will monitor employment practices at the safety association for a period of three years; and
• the association must provide Jennifer Bankier, the chair of the inquiry, with a copy of its sexual harassment policy in effect at the time of the decision, on or before Monday, Aug. 22

The board of inquiry has the right to make any changes to the association's harassment policy to ensure it is effective in processing sexual harassment complaints against senior managers.

The board of inquiry chair has the right to resolve any difficulties that may arise from the decision.

Boards of inquiry are the final stage in the human rights complaint process. Evidence collected during the investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondents can make submissions and question witnesses. The board chair then decides whether or not discrimination has occurred.

All parties have the right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.