Sexting case ends in $30K award for woman
CBC News
Posted: Feb 16, 2011 5:20 PM PT
Last Updated: Feb 17, 2011 2:28 PM PT
The B.C. Human Rights Tribunal has awarded a woman $30,000 after she claimed she was forced out of her job because of unwanted sexually charged phone texts from her boss.
Lisa McIntosh had worked as a driver at Metro Aluminum Products Ltd. in Surrey, B.C., since 2008, tribunal documents said.
A single mother of two, she had a consensual sexual relationship with company owner Zbigniew Augustynowicz, during which time the couple texted frequently.
But McIntosh ended the relationship and the texts turned into a form of harassment, the tribunal ruled in a decision released Tuesday.
Some of the texts soon after the breakup read, "I need a nooner," and "Can I date your daughter?"
Increasingly humiliating
The texts then became increasingly sexually humiliating, demeaning and derogatory, tribunal adjudicator Enid Marion found.
McIntosh testified that she felt trapped, because the more she rejected Augustynowicz, the more her work hours were reduced.
The company testified that McIntosh was a provocative flirt who referred to male co-workers as "boy-toys."
It also argued that the fact that McIntosh opened the texts and responded to them constituted "consensual conversation."
Marion rejected the claims, saying McIntosh was clear she wanted the abuse to stop, that there was no evidence she was an office flirt, and that Augustynowicz would have known his texts were offensive and unlawful.
With files from the CBC's Priya RamuShare Tools
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