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Sexual harassment under the Ontario Human Rights Code

PF brought a Human Rights application against the Corporation, ISS. PF alleged that ISS had unilaterally declared her an employee and owed her funds that were paid as sources deductions. PF claimed that ISS initially paid her as an independent contractor, then arbitrarily decided that she was an employee and withheld EI and CPP deductions. PF also claimed that she was sexually harassed the owner of ISS. PF was claiming $50,000.00 in damages against ISS. Ms. Condello of Neuberger & Partners LLP represented ISS. Through extensive research, Ms. Condello was able to establish that PF was not a legitimate “independent contractor” and in fact was submitting invoices to ISS using a fake and invalid HST number. Ms. Condello brought a Motion for the CRA documents; however, PF never provided any documentation proving that she had a legitimate HST number.

In assessing the text messages between the parties, Ms. Condello established that the source of the discord between the parties was the withholding of the EI and CPP deductions. Ms. Condello established that PF made racist statements to the owner of ISS – referring to herself as a white woman and referring to the Respondent as a “black man” while using racist language stating: “you can’t take the man out of the ghetto, in your case the jungle” and “see you at the finish line homie” – inferring that as a white woman she would be believed over a black man. The Respondent said that he had to pay EI and CPP after calling Employment Standards. PF threatened the Respondent stating “I’m on my way to the doctors…an eye for an eye buddy”. PF then threatened: “I’m just waiting on confirmation on what church your kids attend so I can send someone to talk to your wife’s pastor about you lol”.

Ms. Condello was successful in defending ISS, as PF withdrew her Application.