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sexual harassment in the workplace

ID
1032

Case of Liabilities for Sexual Harassment, Forced Drinking, Etc. 2006Na109669

The Plaintiff was hired by Company and placed in the marketing team of the marketing division. The Defendant served as the chief of the marketing division and the marketing team. On several occasions, the Defendant inappropriately touched the Plaintiff’s shoulders, legs, and breasts at work and work events. Additionally, the Defendant forced the Plaintiff to drink liquor on several occasions despite the Plaintiff informing the Defendant that she could not drink as a result of a stomach illness.

DML v. Montgomery

The plaintiff was a sex worker providing commercial sexual services at a brothel. She alleged her manager had violated the Human Rights Act 1993 by subjecting her to repeated unwelcome and offensive sexual conduct detrimental to her employment. The Tribunal found for the plaintiff, and further found that the owner of the brothel was vicariously liable for the employee’s actions.

EN v. KIC

The plaintiff was employed at a bakery. After working there for several years, the bakery was acquired by new owners, including the defendant. The plaintiff claimed that the defendant made unwanted comments and physical overtures in the workplace, eventually causing the plaintiff to leave the job. The plaintiff claimed that the harassment caused humiliation, injury to feelings, and loss of dignity. The Tribunal found that the plaintiff was the victim of unlawful sexual harassment under the Human Rights Act and awarded damages.

Ng Shiu v. Mohammed Naseeb

The plaintiff and the defendant were both taxi drivers. The plaintiff claimed the defendant harassed her with phone calls and unwanted and offensive touching. The court was not satisfied that the events that took place gave rise to any tenable claim of sexual harassment. The court found that for a short period at and about the time that the defendant was making contact with the plaintiff, she did suffer from a level of anxiety while at work, which was sufficient to constitute a ‘detrimental effect’ to her employment under the Human Rights Act.

Teresita G. Narvasa v. Benjamin A. Sanchez, Jr.

The respondent was found guilty of grave misconduct for sexually harassing his co-workers and was dismissed from Government service. The appeals court modified the ruling, finding him guilty of simple misconduct for which dismissal was not warranted. The Supreme Court reinstated the finding of grave misconduct, finding that the respondent’s actions were intentional, and since this was the third time he had been penalized for sexual harassment, dismissal was warranted.

Trina Williams v. Pacific Plastic Recyclers Limited

The plaintiff alleged that she was a victim of sexual harassment by an employee of the defendant. She received a settlement from the employee. In exchange, she agreed not to pursue her claim against him, and not to call him as a witness. At issue was whether the company could be held separately liable, and if it was liable, whether the plaintiff had released her claims against the company in her settlement with the employee.

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