Sexual Harassment: Chartrand .Vanderwell Contractors Ltd.
The definition of Sexual harassment in the AHRC is a form of forced unwanted sexual behaviour: verbally, and physically. The effects of this type of harassment infringes the rights of a person. In reference to a workplace: an employee’s position is threatened, elimination of any promotions/salary increases; reduces chances of employment. Including mental and physical consequences, this form of violence discriminates the rights of a person. A report from UNIFEM proves that only 14, including Canada, out of 186 countries placed legislation regarding sexual harassment. More than 90% of Canadian women confessed they have been sexually harassed, some time in their life. A similar amount of …show more content…
through a mutual reference – Maurice Conrad. Jean’s employment at Vanderwell Contractors Ltd. began on August 28, 1995 under the supervision of Maurice. Subsequently to her employment, she was promoted still under the watch of Maurice. Jean and Maurice engaged in a “mutually enjoyed Horseplay” through the first steps of her employment. The misbehaviours gradually stopped, until mid-year of 1997, when Jean came to conclusion that the “Horseplay” was a violation of sexual harassment. Under section 7, and 12 of the Charter, Jean “has the right to life, liberty, and security. She also has the right to not be subjected to any cruel and unusual treatment or punishment. Jean does violate section 11 (b) of the Charter because she does not take immediate action in a reasonable time. She files a complaint to the Alberta Human Rights & Citizenship Commission roughly a year later, 1998. The Canadian Human Rights Act secures the rights of Canadians that are victimized in specific situations …show more content…
In the meantime, rumors of Jean and Maurice’s relationship spread. Wayne Lambert, an employee, approved of the rumors quoting Jean whom complains about working with Maurice, while others see the direct harassment. The supervisors, and Vanderwell himself were aware of the rumors, however Vanderwell would not proceed with any complaint, until Jean herself approached Vanderwell. Vanderwell violated section 7 of the Charter, considering he was aware of Jean’s infringement of her rights, he did not protect her right to security. Jean was intimidated, and afraid of termination, resulting in a late approach to file the complaint against Maurice. Despite attempts to stop Maurice, it was hard to believe because “Sexual predators don’t usually approach their victims in the presence of witnesses.” Vanderwell left Maurice with a warning. “Even though he had been talked to by a higher authority in the company, the harassment continued,” Jean explains. Chartrand quits her employment with Vanderwell on August 4, 1998; files a complaint to oppose the company: Ken Vanderwell, and Maurice, under the Alberta Human Rights Code. Consequently, a human rights panel assembled the case. Under Section 24 (2) of the Charter, Jean
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-Summary Timothy Mitchell, father of 5 and a residence of Sault Ste Marie who is trying suing the Sault Ste. Marie Police Services Board. His claim is that during an arrest one of the officers, Keating who was detaining him had used unnecessary force. Mitchell had been struck by Keating near his left upper abdomen. During his hims time at the police station Mitchell claimed that Keating said “abuse, provocative and demeaning comments” and that Keating also pushed him from behind while sitting on a bench in a cell and as he left Keating he gave a “rude and abusive gesture to Mitchell”.
Case Brief: Ferjo v. Ontario Human Rights Tribunal, 2011 HRTO 222 Purpose: Kimberley Ferjo commenced an application against the Ontario Human Rights Tribunal for sexual discrimination. The tribunal had to determine whether Mrs. Ferjo faced discrimination after being previously denied legal representation and if her application should be dismissed. Facts: Mrs. Ferjo acted as a representative and witness for VideoComm Technologies during a hearing before the Ontario Human Rights Tribunal. The hearing was based on allegations that VideoComm Technologies had discrimination against a pregnant employee. VideoComm Technologies was ordered to pay damages at the end of the hearing.
This complaint is based upon the allegation of sexual harassment, disruptive, hostile work environment & racial discrimination filed by Brandy Stockton against Dr. Gregory McClain, stemming from their working relationship at the University of Missouri Hospital. Stockton received repeated harassing / threatening phone calls, some of which started the day Dr. McClain resigned subsequent to a peer review. The caller threatened to chop her up and deliver the pieces to her family. A criminal case has been presented to the Cole County Prosecutor against McClain by the M.U. Police Department. They identified an individual in Texas as the probable source of harassing / threatening calls.
Why do you believe these actions were discriminatory? The first case file with EECO by Tanya Conde girl friend of Samuel Varriano Maintenance #3 who was fired from Pitt University .The defendent 's in case Robert Godzik, William Franicola supervisor and Pitt University was dismissed . Now Robert Godzik and Pitt University have confidence themselves this isn 't a hostile work environment .With
“On July 30, 1992, an innocent person was convicted of a heinous crime”. Guy Paul Morin, an ordinary man, was arrested, imprisoned and convicted of first degree murder. The victim was Christine Jessop, a nine-year-old girl from Ontario, Canada. She was found murdered in a field about fifty kilometres from where she lived. Due to the investigation team’s carelessness and tunnel vision, the systematic failure of the justice system, and the poor handling of evidence by the crown there was not only one, but two victims in this case.
Therefore, the accommodation of permitting the plaintiff to be exempted from having to rotate between lines 7, 8 and 9 would create the removal of a marginal function and make it a reasonable accommodation. The court noted that neither the written job description for the inspector positions nor the mutual agreement made reference to the rotation of the job. The Job rotation policy had never been the general practice of this company in the past. The court also noted that the inspector position does not exist for the purpose of having employees rotate between lines 7, 8 and 9, the use of a rotation system had no bearing on the number of employees needed to perform the work, and rotating between lines is not a highly desirable function for which plaintiff was exactly hired, Indeed, it is the contrasting of a specialized skill of the employees. The court stopped short of actually deciding that job rotation is not an essential function of this job and leaving that determination for the
Additionally, sexual harassment is not always from a man to a woman. While society portrays men as the abusers, there have been instances of women sexually harassing men. Moreover, it is hard to define creepy behavior. The term quid pro quo sexual harassment is a favor exchanged for sexual favors. To be defined as a creeper a woman may doubt his motives, his character, and how he perceives her.
The aide did her job, addressed a possible issue to her administrator, and followed rules set by that administrator. Herman suffered the most. He was lonely, sad, and felt unsafe. He was a war veteran and an elderly man. Although not positive, he could have had PTSD and depression, which could have been evaluated and assessed if it had been acted upon.
Canada is often referred as one of the lowest crime rated countries in the world and it’s also considered one of the safest countries in the world, but there are crimes that often happens but they are not reported one of those crimes is sexual harassment and assault. Case law in Canada pertaining to sexual assault and harassment are not capable to act as a punishment since these laws often favoured the perpetrator because most of the victims are ashamed to speak out therefore these acts continue to be pervasive in Canada. The Ontario human rights code states that everyone has the rights to be free from sexual discrimination based on sex which includes sexual assault/harassment. However, history has shown that people have overlooked it. One of the most
The Army is facing a significant problem in sexual harassment the problem hurts the Army’s ability to remain an ethical organization while hindering their readiness. This paper will look at several points relating to the above thesis. First, the paper will look at what sexual harassment looks like in the Army. Second, current policies and procedures the Army is using examined.
Canada: A Comparative approach It seems fair that, following a critical analysis of the law in JC, another jurisdiction should be considered in order to facilitate a proper outlook on what may be needed, and what has worked elsewhere. This section is intended to outline the operation of the exclusionary rule in Canada. The Canadian courts rely on legislative enjoined exclusionary rules that are justified by judicial integrity.
Sexual Harassment on College Campuses People tend to think that sexual harassment and rape are the same thing. However, that is not always the case. According to Dictionary, the definition of sexual harassment is “uninvited and unwelcome verbal or physical behaviour of a sexual nature especially by a person in authority toward a subordinate.” Forced kissing, groping, or even looking at someone the wrong way is considered to be sexual harassment.
In the case study, Bob’s Meltdown, Jay Nguyen, CEO Concord Machines, has to handle a case of psychological harassment resulting due to work related stress; the main accused being his best manager, Bob Dunn. Jay needs to find a suitable solution as soon as he can to avoid being sued by Annette. Jay’s dilemma is that on one hand he cannot let Bob go as he is his best manager and only his department is earning all the profits for the company and on the other hand Annette has made it clear that if Bob stays, she’ll leave.
Sexual harassment and sexual assault are very serious issues happening today in the workplace. Women or men have suffered from unsolicited sexual behaviors that are typically provoked by someone “higher” in position. “Sexual harassment especially has been a fixture in the workplace since women began to work outside their homes” (Fitzgerald, 1993). It is solely the responsibility of the employer to ensure that all employees within are aware and are very cautions of laws, misconduct, and liabilities. Employers must enforce the Policy Prohibiting Discrimination and further extend those laws and guidelines to their employees.
Harassment and abuse are considered breaches of human rights and occur in all countries. According to Encyclopedia of Psychology, sexual abuse is unwanted sexual activity with perpetrators using force, making threats or taking advantage of victims who are not able to give consent. Most of victims and perpetrators know each other. In sport, women athletes are more frequent victims of harassment and abuse than men athletes. Many women athletes drop out of sport rather than continue being subjected to the constant harassment and abuse.