Case Study One

The following case study is hypothetical.

Donna, a first year university student obtained a job with a large garden nursery to tend plants and shrubs, place orders and serve customers.

Her first performance review showed that she performed her job duties very well. Over the next six months, the Nursery Manager would often put his hands on her shoulders or lean over closer and she would withdraw quickly. He began to make offhand remarks about how he was sick of his wife and that he needed another woman.

Donna did not encourage the comments or actions, nor did she say anything against them. However, she was becoming increasingly uncomfortable with the situation and tried to avoid the owner as much as possible. One day, the Manager asked her for a hug, which she refused. A few days later, the Manager suggested that she come to his apartment, which she firmly refused, saying that she was seriously involved with her boyfriend.

In July the Manager terminated Donna’s employment, saying that he had no work for her, even though July is the busiest month of the year for the nursery.

Case Assignment

1) You have been brought into the case to determine if sexual harassment did take place or if the layoff was justified. Do you think the Nursery violated the Human Rights Code? If so, how?

2) When Donna first became uncomfortable with the nursery owner's behaviour, should she have said something? If she did not say anything, is it still a violation the Human Rights Code?

3) As the Consultant, please outline the basics of a policy that should be followed by the Nursery in the future.