AM v. Kellock, 2019 HRTO 414

A.M. had a criminal record, which hindered her ability to find employment. She had experienced many difficulties in her life growing up in foster care and group homes and struggling with addiction and abusive relationships through adulthood. She was trying to develop a solid work history in order to obtain a pardon and clear her criminal record.

In May 2014, A.M. was hired as a housekeeper at an upscale hotel in a historic building. The general manager of the hotel was Mr. Kellock.

In late June 2014, A.M. asked Mr. Kellock for a reference letter, which she wanted to support her pardon application. He told her he would be happy to provide her with a letter and she should come by his office to let him know what she needed. When she came to his office, he locked the office door and began massaging her shoulders and touching her breasts. Similar incidents of sexual harassment and assault occurred every time she visited his office to ask for her reference letter.

On July 21, 2014, while A.M. was cleaning Mr. Kellock’s office, he came in and tried to kiss her. She shoved him away and quickly left the office. The next day, when she saw him in the hallway, he glared at her then slammed his office door closed.

A.M. began calling in sick to work more frequently. She was scared to work alone for fear that Mr. Kellock would sneak up on her. On September 2, 2014, she texted Mr. Kellock asking for the letter. He wrote the letter and gave it to her, asking her if she would visit him again or would she not bother now that she had the letter.

On September 4, 2014, A.M. contacted the police to complain about Mr. Kellock’s behaviour. She was working alone on September 6, 2014. She felt terrified that she would run into Mr. Kellock. She left early and never returned to work.

The Tribunal found:

  • Mr. Kellock, from June to August 2014, pursued a course of conduct towards the applicant, starting with apparently innocent comments, progressing towards lewd remarks, touching, solicitation, advances, and ultimately sexual contact in the workplace;
  • the power imbalance between the parties was clear, as he was in the highest position at the hotel and she was in the lowest, as a new employee still on probation.
  • this matter involved conduct among the most serious cases the HRTO had ever seen; and
  • that A.M. was particularly vulnerable given her personal history and the events she experienced had a severe impact on her.

The Tribunal ordered:

  • Mr. Kellock to pay A.M. $75,000 in general damages for injury top her dignity, self-respect and feelings; and
  • both pre-judgment interest and post-judgment interest on the award.

To read the full decision, visit CanLII.