Protecting harassed employees a must
In 2014, Sylvia got a job working for a company that owned 13 apartment buildings. By 2017, she held the position of property administrator, customer service representative and personal assistant to the property manager at an apartment building. She received a salary and free rent.
Sylvia was good at her job and considered a hard worker, organized and detail-oriented.
Two adult brothers lived with their mother in the building, and one of them had applied for the job Sylvia got in 2017. Somehow, they decided everything in life was her fault.
One brother walked by Sylvia’s office, brandishing a hammer, and later shouted at her from his balcony when she was walking her dog that he would bash her head in with the hammer. Soon after, he kicked Sylvia’s dog’s teeth in the backyard of the building.
Sylvia told the property manager and he said if she was concerned about her safety, she should call the police. The first brother was arrested and eventually entered into a peace bond that included a term that he not reside at the apartment building without the permission of the property management company.
When the peace bond expired, the company allowed him to return. They never discussed with Sylvia any accommodation she needed after the incident. They did not provide violence or harassment training, and did not put in place a violence or harassment policy for the building.
A year later, brother No. 2 started dropping by the building office and chatting up Sylvia. He talked about a sexual harassment charge that had been made against him with regard to another female. He began making sexual comments about Sylvia and her body. In the presence of other tenants, he made explicit comments and touched Sylvia’s behind. When Sylvia contacted the property manager, she was told again that if she was uncomfortable, she should contact the police. She did, and brother No. 2 was convicted of assault and sentenced to one year probation, during which he could not be at the apartment building.
After the probation, he could not return to the apartment building without the company’s permission. Sylvia had been sexually assaulted in the past and the second brother’s harassment was triggering. She became fearful and often asked somebody to stay with her in the office and accompany her to her apartment when she was done. She went through some serious mental-health issues, including self-harm and suicidal ideation.
When brother No. 2’s probation was over, the company decided to let him return to the building. Sylvia bought a protection dog and started carrying pepper spray. Sylvia ended up going on a disability leave and provided doctor’s notes. They indicated she was suffering from anxiety, panic, anger, irritability, problems concentrating and depression. She could not return to work.
Six weeks later, the employer sent Sylvia a letter, taking the position that the employment arrangement was over, as it had been frustrated by her illness.
Sylvia was out of a job, and the employer wanted her out of her apartment.
The adjudicator decided the employer knew perfectly well what Sylvia was going through, but they did not take reasonable steps to address the harassment, prepare a violence or harassment policy, provide violence and harassment training, install security cameras for the office or building or update any of its policies. What they did do is terminate her and try to evict her after 3.5 months of illness that directly resulted from this situation.
The employer had violated the Occupational Health and Safety Act, as well as the Ontario Human Rights Code. Sylvia was awarded $125,000 in general damages, $50,000 for the bad faith treatment the employer subjected her to and eight months’ lost wages and benefits as well as the cost of the hearing.
Where the employer really went astray in Sylvia’s situation is when they prematurely terminated her employment, even with a doctor’s note in hand. It was callous and obviously annoyed the adjudicator. A little later, they offered to reinstate her when she could return to work, but the damage was already done. If not for that fatal error, they would have kept a good employee and not found themselves so far out of pocket.
This article was originally published by The Hamilton Spectator.
