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. The Tribunal found that the company had individual liability due to the fact that it lacked a demonstrated harassment policy and thus did not take reasonably practicable steps to prevent the harassment. It held, however, that the settlement already reached was sufficient compensation for the harassment that she suffered. As to any other remedies, as such remedies were not provided in the settlement, the Tribunal could not determine whether the company had been released with respect to such remedies.
Trina Williams v. Pacific Plastic Recyclers Limited
Human Rights Review Tribunal