Despite a previous intimate relationship, the supervisor engaged in sexual harassment

A receptionist/secretary filed a complaint regarding sexual harassment by her supervisor, when he mentioned the possibility of a promotion if she responded to his requests for sexual relations, and threatened to cause her to lose her job if she did not. According to the court, the employee was the victim of a single serious offence, since the supervisor's words and actions occurred on the same day and in a short period of time. These were degrading words and actions, and the fact that the employee and her supervisor had had sexual relations in the past does not change that. The supervisor was a person in a position of authority who used a subordinate's working conditions in an attempt to obtain sexual relations. The words and actions of the supervisor violated the employee's dignity and psychological integrity. Finally, the employer did not take the necessary measures to prevent or stop the harassment, as it was the employer's directing mind who carried out the actions. The complaint was upheld.

Navion v. Ivcom

2018EXPT-413, 2018 QCTAT 688, Administrative Judge Lyne Thériault

(Application for Judicial Review)