Hearing Considers Sexual Harassment Complaint

An independent board of inquiry will begin hearing evidence Tuesday, Jan. 17, in a human rights complaint of sexual harassment filed by an Annapolis Valley woman.

Danielle Bennett of Kentville complained to the Nova Scotia Human Rights Commission in May 2004 that she was sexually harassed by her employer, Michael Tan, while employed at Hau's Family Restaurant. She accused Mr. Tan of fondling her.

Ms. Bennett alleged that when she confronted him with her allegations in front of his wife, Mr. Tan acknowledged that he had touched her inappropriately. Ms. Bennett claims she was subjected to harassment by other staff at the restaurant after confronting Mr. Tan with his actions.

In June 2004, after police laid charges against Mr. Tan, Ms. Bennett alleged that he demanded she pay off a loan in full. When she left work to report this to police, Ms. Bennett says her employment was terminated by the Tans who claimed leaving work constituted a resignation.

The independent hearing will be chaired by Robert Stewart. The board will begin sitting on Tuesday, Jan. 17, at 9:30 a.m. at the Wandlyn Inn, 7270 Highway 1, Coldbrook. The hearing will continue on Wednesday, Jan. 18, and Thursday, Jan. 19.

A complaint is referred to an independent 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 board chair 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 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 discrimination has occurred.

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