Employee Sexual Harassment

Q: Fortunately (or unfortunately) our justice system in Canada has not followed the US lead in mega awards for compensation, especially for such things as coffee being too hot, or not placing a warning on something like a the forks of a bicycle And how do the Canadian courts stand on cornering an employee for sex, resulting in her needing to quit to avoid further advances?

A: Criminal? I can only speak for the USA.....not criminal, it is a tort. That is a civil wrong as opposed to a criminal one. Now, if there is an actual touching you can have a criminal act. Otherwise, it is a tort. No actual jail time, but money damages. disciplinary measures as the employer deems appropriate against any person under the employer's direction who subjects any employee to sexual harassment you may be right. Unfortunately (, or fortunately depending on the circumstance) this can be a very hard thing to prove in court. I know our company has suspended and/or terminated people for sexual harassment and also one

case of a false accusation (proven false) Typically, sexual harassment, while actionable, is not generally, by itself, a crime... There would be a lot more crime in every bar, every night, if it were. However, there is often some other cognizable criminal act associated with the conduct. It could be prosecuted as a battery, assault, harassing or obscene phone calls, stalking or indecent exposure, for example. Typically, a statute would have to not only describe the conduct but also prescribe a criminal penalty, i.e. "whoever commits (the offense) is guilty of a misdemeanor/felony of the ~x~ degree, punishable by..." Absent such language, its only a civil matter.