Woman awarded $7K for unwanted hugs and kisses
Last Updated: Wednesday, December 9, 2009 | 1:44 PM PT
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The B.C. Human Rights Tribunal has awarded a Vancouver woman more than $7,000 after she became the victim of sexual harassment on her first day of work.
Three years ago Margaret Kwan, 24, was working as a server in a sushi restaurant where Esmaeil Marzara, 58, was a regular customer.
Kwan, a recent university graduate, testified at the tribunal hearing that Marzara invited her to a job interview at his business, the Ara Sales Company.
She told the tribunal that Marzara hugged her after that first interview, and after a second interview he kissed her twice on the lips.
The hug and kisses made her uncomfortable, but she thought it was a cultural difference and accepted the job, she said.
But she began to be concerned when Marzara later called her and tried to persuade her to come into his office on Sunday instead of going to church. Kwan declined.
When she turned up for her first morning of work Marzara hugged and kissed her again, but this time she objected, Kwan testified.
Marzara then suggested they start a relationship and at that point Kwan left work, and never returned, she said.
For his part, Marzara testified he never touched Kwan and he never hugs anyone, not even his children. He described Kwan's testimony as “lies” and “bullshit”.
The tribunal finally concluded Marzara was not a credible witness, and awarded Kwan $7,120 for lost wages and injury to her dignity, feelings and self-respect.
That award was actually the second for the case. Previously Kwan was awarded just over $6,000, but Marzara appealed the earlier ruling by arguing he didn't get a chance to testify and was granted a second hearing.
But his testimony at the hearing was no help. The second time around the tribunal increased the award for Kwan by $1,000.
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