Howard Levitt: After an employee suffered unrelenting harassment by the father of the company’s owner, who refused to take action, both father and son were found liable
The sins of the fathers will be visited on the sons by the Ontario Human Rights Tribunal. Or so Jason Graca recently discovered.
Bento repeatedly asked Joseph to stop the comments. To no avail. He told her that he could do whatever he wanted in his kitchen. Her complaints to management about Graca fell on deaf ears. As it happened, the owner of the restaurant was Joseph’s son, Jason. His standard response was to slough off any responsibility, making it clear that he could do nothing about his father.
Josée Bouchard, the tribunal’s vice-chair, disbelieved them. It was clear that Joseph’s misconduct toward Benton had occurred and that Jason had failed in his duty to investigate and address his father’s behaviour. It was no defence to say that he had no control over his parent. This culpability was compounded by Jason himself inviting Bento for dinner.
– Post a policy: An employer’s commitment to a workplace free of harassment should be anchored in a written policy that is distributed to staff. This shows an employer’s awareness of its legal obligations to a workplace that is free of sexual harassment and its expectations of staff to comply; – Professionally investigate the complaint: If the business does not have the competency to investigate, then it should retain an investigator to do so. As well, the investigation should be started and finished as promptly as possible;
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