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ARTICLE · 24 DECEMBER 2015

Unprecedented Damage Award For Violation Of Human Rights

The case, O.P.T. v. Presteve Foods Ltd., 2015 HRTO 675, involved two sisters, O.P.T. and M.P.T., who came from Mexico as temporary foreign workers to work for the employer.

CanadaEmployment and HR

Early this year, the Ontario Human Rights Tribunal chartered into new territory when it awarded an employee $150,000 in damages for injury to dignity, feelings and self-respect that were caused by the employer's egregious violation of the employee's human rights.

The Decision

The case, O.P.T. v. Presteve Foods Ltd., 2015 HRTO 675, involved two sisters, O.P.T. and M.P.T., who came from Mexico as temporary foreign workers to work for the employer. The sisters alleged that the owner and principal operator of the employer continually and repeatedly sexually assaulted them. The allegations of sexual assault included: slapping their buttocks; touching their breasts over their clothing; sexually propositioning the sisters; forcibly hugging and kissing O.P.T.; forcing O.P.T. to perform fellatio on multiple occasions; and forcing O.P.T to have sex with him on multiple occasions. All of the above were done on the threat of dismissal. The sisters were particularly vulnerable

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