In Stride v. Syra Group et al., 2024 ONSC 2169, the Plaintiff, Stride, was an employee of Syra Group Holdings (“Syra”). She brought an action for wrongful dismissal and breach of the Human Rights Code. Syra is an Ontario Corporation that owns several apartment buildings in the GTA. The Plaintiff was hired by Syra as superintendent of one of its apartment buildings.
Throughout her tenure at Syra, Stride was subject to repeated instances of harassment and sexual harassment from two of the building’s tenants. One of these tenants made several comments to Stride of a sexual nature about her body. These comments made Stride very uncomfortable and caused her substantial emotional distress. This tenant also touched Stride’s back side without her consent. Another tenant threatened to bash Stride’s head with a hammer.
Stride advised management of the harassment she had been experiencing, and she was advised to contact the police. Stride ultimately involved the police as she feared for her safety. She began to experience significant depression and other mental health issues due to this harassment. Accordingly, she went on medical leave. Syra eventually terminated her employment for frustration.
The Court’s Analysis
The Court ultimately found that Stride’s contract had not been frustrated, as Syra made no efforts to determine a return-to-work date, nor did Stride’s medical documents suggest that she would never be able to return to work. The Court also found that Stride had been wrongfully terminated.
The Court then determined whether Syra violated its obligations under the Occupational Health and Safety Act and the Human Rights Code. They found that management at Syra was aware of the tenant’s harassment and sexual harassment of Stride, as well as their criminal records. Despite this, management did not take reasonable steps or any remedial steps to address Stride’s harassment complaints. Syra did not have and did not, after the complaints, prepare a violence or harassment policy, did not organize and provide violence or harassment training for their superintendents, including Stride. Though management checked in with Stride to see that she was alright, they did nothing further to provide a safe environment in which she could work. Syra did not provide any security cameras or any other form of security for the superintendent’s office or the building. They did not provide any updated policies for addressing harassment in the workplace and did not establish a complaint mechanism for employees who experienced harassment. Significantly, the Company did not investigate the incidents of harassment themselves.
Because of the Company’s conduct, and failure to reasonably respond to Stride’s harassment complaints, the Court awarded Stride damages for breach of the Code in the amount of $125,000 (tax free). The Court also awarded Stride 8 months of pay in lieu of notice as well as $50,000 in moral damages.
Takeaways for Employers
Though awards for human rights damages in cases involving sexual harassment are typically on the low side, this case demonstrates that where employers do not adequately address instances of workplace harassment and sexual harassment, that they may have to pay a large financial price. Employers should therefore ensure that they have policies in place to provide employees with a forum to make complaints. Not only should such mechanisms exist, but employers must take harassment complaints seriously, and ensure such complaints are properly investigated.
Takeaways for Employees
Employers have an ongoing obligation to address workplace harassment and sexual harassment complaints. Accordingly, employees should report any harassment they experience in the workplace to ensure their safety is maintained.
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Author: Elizabeth McConkey
Date: January 12, 2025
