The Manitoba Human Rights Commission has ordered New Age Automation Group to pay $110,000 — including $25,000 in damages for injury to dignity, feelings, and self respect — to a former executive assistant after finding that the company’s president sexually harassed her.
The inappropriate behaviour included lewd after-hours text messages, physical contact, and a gift of a diamond necklace on Valentine’s Day that she refused.
Adjudicator Tracey L. Epp, K.C., found that the complainant, B.S., was subjected to “a series of objectionable and unwelcome sexual solicitations or advances” by R.L. during her employment with New Age. The adjudicator held that New Age, through R.L., breached the Human Rights Code by failing to prevent harassment in the workplace.
Background
B.S. began working for New Age in November 2015 as an executive assistant. Shortly after, she testified that R.L. began making sexualized comments towards her, including remarks about her appearance and inappropriate suggestions. She stated that R.L. would look at her in a sexual manner, make comments such as “wow, that ass,” and ask if he could touch her breasts.
The adjudicator noted that B.S. testified that R.L.’s behaviour made her uncomfortable, and she “did not know how to respond.” She said she felt violated but needed the job due to personal financial burdens.
Inappropriate text messages, physical contact
On multiple occasions, R.L. sent B.S. text messages outside of work hours, which were produced as evidence. In one instance, R.L. texted, “I’m shit faced and naked help me please.” When B.S. suggested he call a cab, R.L. persisted, saying, “No. You need to pick me up. I’m naked and drunk and afraid.” B.S. responded by reminding him that he was her boss and that his calls were inappropriate.
B.S. also described incidents of physical contact. On January 15, 2016, she testified that R.L. stood beside her desk, put his foot on the desk, angled his hips so that his crotch was near her face, and made a humping motion. Later that day, when she yawned, R.L. made sexualized comments about her mouth being open.
In another incident on January 29, 2016, B.S. said R.L. put his hand on the small of her back where her jeans and T-shirt met. She told him he could not touch her, but he laughed it off. She stated that he often commented on how she looked, calling her sexy and making her feel violated and anxious.
Valentine’s Day gift
Further, B.S. testified that R.L. gave her an unsolicited gift of a diamond necklace for Valentine’s Day, which she refused but he insisted she keep. Text messages between them showed B.S. expressing discomfort with accepting the gift, stating, “I can’t accept this. That’s crazy,” and “I can’t wear that… then I have to keep it a secret about where it came from and I don’t want to lie.”
During a company event in February 2016, B.S. stated that R.L. grabbed and slapped her rear end. She also recounted an incident where R.L. took her in his vehicle to purchase office supplies, during which he made inappropriate comments, touched her face and hair, and placed his hand on the inside of her thigh. She felt frightened and trapped, eventually jumping out of the vehicle.
‘Smirking’ testimony
The adjudicator observed that during B.S.’s testimony about this incident, R.L. was “smirking in a disrespectful manner,” while B.S. was visibly shaken.
B.S. ultimately resigned from her position on April 5, 2016, after R.L. yelled at her over a minor error and told her to leave and take the rest of the week off. She later learned that R.L. had told other staff she was fired for giving him an obscene gesture.
R.L. did not provide a response to the complaint, nor did New Age file any evidence or witnesses in their defence. The adjudicator noted that R.L. attempted to cross-examine B.S. on matters not raised in the complaint or evidence and chose not to challenge her testimony substantively.
In her decision, adjudicator Epp found B.S. to be a credible witness, stating that she was “sincere, and occasionally emotional” and that her testimony was supported by objective evidence, including text messages and emails.
‘Ought to have known’ conduct unwelcome: Tribunal
The adjudicator concluded that R.L.’s actions constituted harassment under section 19(2)(b) of The Human Rights Code, which defines harassment as “a series of objectionable and unwelcome sexual solicitations or advances.” She further found that R.L., as the directing mind of New Age, was in a position to confer or deny a benefit to B.S. and that he knew or ought to have known that his conduct was unwelcome, fulfilling the criteria under section 19(2)(c).
“(His) actions were in breach of section 19(2)(b) of the Code,” the adjudicator wrote. “I also find that (he) knew or ought to have known that his conduct was unwelcome.”
The adjudicator ordered New Age to pay B.S. $85,893.11 in lost wages, less deductions and amounts earned from other sources, covering the period from her resignation until the dissolution of the company in September 2019. She also awarded $25,000 in damages for injury to dignity, feelings, and self-respect, the maximum amount under this heading.
“The conduct of Levesque and therefore New Age was egregious, invasive and in some instances constituted assault,” the adjudicator stated. “A message must be sent to other predatory employers and remind them of their obligation to provide a safe and harassment-free workplace.”
Additionally, the adjudicator ordered that if New Age is reconstituted in any way, it must submit to training with respect to harassment on the basis of sex as determined by the Commission, and that R.L. personally submit to such training.
For more information, see Smith v New Age Automation Group Inc., 2024 MBHR 2 (CanLII).
