Sexual Harassment in the Workplace: NK v. Botuik
On April 24, 2020, the Human Rights Tribunal of Ontario issued a decision in the case NK v. Botuik, 2020 HRTO 345, awarding the Applicant $170,000.00 in general damages against her former supervisor Mr. Botuik.
This represents the second-highest amount of damages ever awarded by the Tribunal in a sexual harassment case.
Considering the significant damage award, employers should ensure they take the lessons from this case to best protect themselves from liability for similar damages involving sexual harassment in the workplace.
Background of the Case
This case, which took place in Peterborough, Ontario, involved a deeply troubling pattern of workplace sexual harassment and assault. The applicant was employed at two group care homes operated by Alan Stewart Homes Ltd.
Her direct supervisor, Mr. Botuik, was responsible for scheduling her shifts and made it clear that he had full control over her work schedule and hours. Shortly after she began her employment, Mr. Botuik began repeatedly sexually harassing the applicant.
His behaviour escalated over time from inappropriate comments to unwanted physical touching and ultimately to sexual acts. Using his supervisory authority, Mr. Botuik coerced the applicant into a non-consensual relationship, exploiting her fear of losing her job.
When the applicant attempted to end this unwanted relationship, Mr. Botuik’s conduct culminated in a violent sexual assault. He then retaliated by having her arrested for allegedly assaulting him and by cancelling her work shifts.
When the applicant reported his harassment and assault to the employer, both she and Mr. Botuik were terminated.
The Tribunal’s Decision
At the Ontario Human Rights Tribunal (OHRT), the Vice-Chair described the events as “among the most serious and egregious ever brought before this Tribunal.” The decision noted that the supervisor’s conduct represented “virtually the entire spectrum of sexually harassing behaviour in the workplace, necessitating a significant award of compensation.”
While Mr. Botuik argued that the relationship was consensual, the Tribunal firmly rejected that claim, finding that “fearful compliance does not constitute true consent.” Because the applicant only submitted to his advances out of fear of reprisal and loss of employment, the relationship was not consensual.
The Tribunal also found that the violent sexual assault at the applicant’s home was a continuation of the workplace harassment, bringing it within the scope of the Ontario Human Rights Code.
Damages and Key Findings
The Tribunal awarded the applicant $170,000 in general damages, one of the highest awards of its kind. In doing so, Vice-Chair Thorne emphasized that the largest awards are typically reserved for cases involving high vulnerability and serious acts of reprisal.
Key factors that influenced the award included:
- The applicant’s history as a survivor of sexual abuse, which heightened her vulnerability;
- The severe and escalating nature of Mr. Botuik’s harassment and assault;
- The significant reprisals he carried out through his supervisory authority, including
- cancelling shifts,
- causing her arrest, and contributing to her termination; and
- the devastating psychological and emotional impact of his conduct.
The Tribunal’s decision sends a clear message that abuse of authority and sexual harassment in the workplace will attract severe consequences under Ontario’s Human Rights Code.
Takeaway
This case highlights the importance of recognizing that what may appear to be a consensual workplace relationship is not always truly consensual. Employers must take all complaints of sexual harassment seriously, even where a relationship between the parties is alleged or appears consensual.
When investigating such complaints, employers should carefully consider:
- The power dynamics within the relationship — a significant imbalance of power may undermine genuine consent.
- The complainant’s state of mind — consent obtained through fear, pressure, or coercion is not valid.
Failing to approach these factors with care can expose an employer to significant human rights liability and reputational harm.
Employers should seek guidance from an employment lawyer to ensure that workplace investigations into sexual harassment are conducted fairly, sensitively, and in full compliance with the Ontario Human Rights Code.
For employees, it is important to document incidents and details of harassment as they occur. Keeping accurate notes can help support a future complaint or investigation.
Contact Achkar Law
Employers
If you are an employer seeking advice on how to properly handle or investigate a workplace sexual harassment complaint, our team of workplace lawyers at Achkar Law can help.
We assist employers in managing sensitive investigations, ensuring compliance with the Ontario Human Rights Code, and taking proactive steps to create a safe and respectful workplace.
Employees
If you are an employee who has experienced sexual harassment at work, our lawyers at Achkar Law can guide you through your legal options.
We can help you understand your rights, document your experiences, and take the appropriate steps to pursue justice and protect your well-being.