High HRTO Award Issued Against Tech Company and Owner for Sexual Harassment in Nine Days
The Human Rights Tribunal of Ontario (HRTO) issued a decision in Aloy-Sadakane v. Data & Scientific Inc. 2024 HRTO 770, just nine days after the original hearing, addressing allegations of workplace sexual harassment. The HRTO issued a remedy of $50,000 in general damages for pain and suffering; $28,218.56 in special damages to be paid within 30 days, in addition to requiring the owner to complete sexual harassment prevent training and insert a sexual harassment section in the Office Protocol Handbook to be completed within 60 days. Both respondents were found to be jointly and severally liable.
The applicant, Alain Aloy-Sadakene, worked for the corporate respondent, Data & Scientific Inc., in a two-person office working directly with the personal respondent, Takintope Akinbiyi, the Executive Vice President to the corporation. The HRTO found that Akinbiyi engaged in repeated acts of sexual harassment by making comments, inappropriate touching her and threatening to fire her.
HRTO issues decision just nine days after original hearing:
“A decision in nine days is exceptional at the HRTO,” says Jamie McGinnis, a legal counsel for the Human Rights Legal Support Centre who represented the applicant, “but given the constant abuse our client suffered, the significant power imbalance she faced at her workplace, and the indifference of the respondents, there was clear urgency to address the evidence and requested remedies we produced at the hearing.”
The personal respondent made comments about the applicant’s sexual orientation, her desirability as a sexual partner, and spouse, as well as solicitation of sexual acts. This harassment continued despite the applicant’s threats to report this behaviour to the police. The personal respondent also repeatedly made unwanted contact with the applicant.
Significant, long-term impacts from treatment as employee:
Other factors influencing the HRTO’s decision in this case included the applicant’s testimony that she was a vulnerable worker who suffered significant, long-term impacts from her treatment as an employee. At the time of her employment, she was 27 and trying to provide for herself and improve her life circumstances when she was experienced the harassment by the 60-year-old respondent. The HRTO also heard from the applicant that her treatment had “an immediate and long-term impact on her emotional and physical health,” including sleep loss, panic attacks and a fear of men.
On January 5, 2024, the HRTO issued an interim decision deeming the respondents to have accepted all the allegations set out in the Application and waived all rights to notice or participation in the proceedings for failing to respond to the HRTO’s notices.
“It is hard to find closure given what was done to me and the effects that I continue to live with,” says the applicant Aloy-Sadakene. “But I feel that the HRLSC has pushed for and received strong remedies in this case. I want this case to put on notice any employers who aren’t taking sexual harassment and assault in their workplaces seriously.”