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Human rights tribunal orders disclosure of accused’s contact information in sexual harassment case

by HR Law Canada

A community health-care provider has been ordered by the Ontario Human Rights Tribunal to release the contact information for the son of one of its clients after he was accused of sexually harassing a former employee.

ST, the former employee of CBI Health Group, filed a complaint alleging sexual harassment based on gender and employment reprisals under Ontario’s Human Rights Code. She claimed to have been sexually harassed by ZS, the son of a client she worked for as a personal support worker.

ST has further accused her employer of failing to adequately investigate her harassment claims and alleges that she was fired after reporting the incident.

Despite efforts to serve ZS with the complaint, ST has been unable to reach him. Attempts included delivering the application to his father’s residence, where she previously worked.

On March 16, 2023, during a case management conference, CBI Health Group revealed it might have contact information for the son and agreed to disclose it if directed by the tribunal. On March 27, 2023, ST officially requested the information. The organization responded on April 4, 2023, acknowledging they have two phone numbers but no email address for ZS.

Under the tribunal’s Rules of Procedure, the organization is obligated to produce any relevant information to ensure a fair resolution. As ZS’s alleged actions are central to the case, the tribunal emphasized the importance of serving him the Application.

It ordered CBI Health Group to provide the contact information it has for ZS to ST within two weeks of the date of the interim decision, which was signed on Aug. 9, 2023.

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