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Sexual Harassment - Do I have a case?

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BR26

New member
Ontario
I recently filed a complaint to HR regarding a co-worker touching my private area in a supply room, uninvited.
This co-worker had always been inappropriate , I was always just informed "Thats just (name)" and so I would brush off the comments and try not to think too much of it.
These comments escalated to touching, from pressing his private area onto my shoulder at my desk to putting his hands down the back of my shirt (i have a witness to this, and witnesses of me asking what this personals deal was" The receptionist beforehand also had made statements (not to HR) to co-workers about how this man made her uncomfortable.
I provided HR with my statement, they never interviewed any witnesses, and decided to give this man a 5 day suspension. I am now anxious and stressed about his return and wondering why this happened.
I reached out to HR and requested they provide me with a document outlining their process regarding this and inquiring as to why my witnesses were never interviewed.
I then received a call from HR and was bullied, yelled at, threatened and accused of many things as this rep distorted facts and became irate with me.
I have conversations with the employee who did this that state he is sorry and promises no more touching and even messages he got another employee to send me saying similar things as well.
Why did HR not feel the need to interview my witnesses? Do I have a case? There are many other factors, I am aware he denied the claim which only makes me wonder even further why witnesses weren't interviewed, I am also aware that between management it was discussed that they would have to pay him a severance and so HR advised to wait until he messes up again and then they would have more tangible evidence....which again...witnesses????? This all seems very wrong to me.
 


Shadowbunny

Queen of the Not-Rights
Ontario
I recently filed a complaint to HR regarding a co-worker touching my private area in a supply room, uninvited.
This co-worker had always been inappropriate , I was always just informed "Thats just (name)" and so I would brush off the comments and try not to think too much of it.
These comments escalated to touching, from pressing his private area onto my shoulder at my desk to putting his hands down the back of my shirt (i have a witness to this, and witnesses of me asking what this personals deal was" The receptionist beforehand also had made statements (not to HR) to co-workers about how this man made her uncomfortable.
I provided HR with my statement, they never interviewed any witnesses, and decided to give this man a 5 day suspension. I am now anxious and stressed about his return and wondering why this happened.
I reached out to HR and requested they provide me with a document outlining their process regarding this and inquiring as to why my witnesses were never interviewed.
I then received a call from HR and was bullied, yelled at, threatened and accused of many things as this rep distorted facts and became irate with me.
I have conversations with the employee who did this that state he is sorry and promises no more touching and even messages he got another employee to send me saying similar things as well.
Why did HR not feel the need to interview my witnesses? Do I have a case? There are many other factors, I am aware he denied the claim which only makes me wonder even further why witnesses we rent interviewed, I am also aware that between management it was discussed that they would have to pay him a severance and so HR advised to wait until he messes up again and then they would have more tangible evidence....which again...witnesses????? This all seems very wrong to me.
Assuming this is Ontario, Canada, then I'm afraid this site may not be much use to you, as this is for US law.
 

eerelations

Senior Member
I am Canadian.

It sounds like you sure do have a case, just not a workers' comp case. I recommend you file a complaint with either the Ontario Human Rights Commission or the Canadian Human Rights Commission. Which one is determined by the type of industry your employer is in. What type of industry is your employer in?
 

BR26

New member
I am Canadian.

It sounds like you sure do have a case, just not a workers' comp case. I recommend you file a complaint with either the Ontario Human Rights Commission or the Canadian Human Rights Commission. Which one is determined by the type of industry your employer is in. What type of industry is your employer in?
Medical Cannabis Industry
 

cbg

I'm a Northern Girl
The OP would report it to the Ontario Human Right's Commission rather than the Canadian Human Rights Commission. Sort of like filing a complaint with MCAD instead of the EEOC.
 

eerelations

Senior Member
There are two sets of Human Rights Commissions in Canada - provincial, and federal. If you are a Canadian employee with a human rights complaint, where you are allowed to file this complaint depends on the type of industry your employer is in. The medical cannabis industry is covered by provincial human rights legislation. Given that OP is in Ontario, she should file her complaint with the Ontario Human Rights Commission. Had her employer's industry been, say, banking or airlines, my response to her would have been "Federal."
 
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