ARTICLE · 05 NOVEMBER 2014

Rejected Sexual Advance At Work: Cause For Retaliation? It's No, Nay, Never!

Stewart McKelvey

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Ms. Horner was the Controller of the Peele Company Ltd. In this position, she worked closely with the owner of the company who was also the CEO and President.

CanadaEmployment and HR

Alison Strachan

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The respondent does not dispute the allegation that the actions complained of above are causally connected to the event of February 28, 2011, during which the applicant rejected the respondent's owner's sexual advance. I find and the evidence clearly establishes that but for the rejection on ... the subsequent events would never have occurred.

Horner and Peelle Company Ltd. 2014 HRTO 112, para. 185

What happened?

From 2001 until her resignation in 2012, Ms. Horner was the Controller of the Peele Company Ltd. ("Peele"). In this position, she worked closely with the owner of the company who was also the CEO and President. After working together for 10 years, the owner of the company developed romantic feelings for Ms. Horner and, believing these feelings were mutual, he asked her for a kiss. When she rejected his advance, the owner changed the way he interacted with the Ms. Horner.

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