FILE. (Pxhere.com)

FILE. (Pxhere.com)

Manager must pay ex-employee $33K after sexual assault on cruise ship: B.C Human Rights Tribunal

Employee, manager worked for a carpet installation company based in B.C. at the time

The B.C. Human Rights Tribunal has awarded an employee who was sexually assaulted while working aboard a cruise ship a sum of more than $33,000.

The decision, made by tribunal member Emily Ohler, lauded the employee, Christopher Ban, for his courage in stepping forward.

At the time, Ban worked for a B.C.-based company that installed carpets on cruise ships. He was assigned to a team of workers who would live on cruise ships while installing the carpeting.

In court documents, Ban alleged to the tribunal that his manager, Brant MacMillan, sexually assaulted him while the cruise ship was docked in Nicaragua on Feb. 8, 2019.

Ban told the tribunal that he had a night shift to work that day, so after he and a coworker went to lunch, he returned back to his room and took a nap. He shared the room with another worker but that man was gone, and so he was able to take an undisturbed nap.

The documents state that Ban was sleeping when he felt someone touching him in a sexual way. When the actions intensified, “it clicked for him what was happening.

“It was Mr. MacMillan, who had let himself into his room, got into bed with him, and woken him up with the touching,” documents state.

Ban then “jumped up and said no,” took photos of MacMillan in his bed and went to tell his coworker what had happened to him.

He then reentered his room, expecting MacMillan to be gone, but found him still there. Ban said he “jumped on top of Mr. MacMillan shouting, asking what he was doing, what he was thinking, before throwing him and his belongings out of the room.”

Ban said he then called the company, and reported the incident to security. He said the owner of the company said “I don’t know what to tell you,” and told him to stay in his room and not work for the remainder of his time on the ship.

“In the meantime, Mr. MacMillan was able to continue to move freely about the ship for the next three days as they sailed back,” documents state.

When Ban returned to shore, he was worried he could no longer work in the carpeting industry because everything reminded him of the incident. He was able to work with WorkSafeBC to receive counselling and was diagnosed with PTSD.

While the company terminated MacMillan’s employment, and asked Ban if he would return, he did not feel able to work for the company because of his assault.

In her decision, Ohler wrote that “it is unquestionable that the incident was sexual in nature. I also have no difficulty finding that Mr. MacMillan’s conduct was unwelcome.”

MacMillan did not testify at the tribunal.

Ohler found that MacMillan discriminated against Ban on the basis of sex, in contravention of the Human Rights Code.

Ohler ordered MacMillan to pay Ban $8,333 in lost wages and $25,000 for “injury to dignity, feelings and self-respect.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Cruise Ships

Just Posted

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. (THE CANADIAN PRESS/Jonathan Hayward)
Local youth vaccination clinics underway

Pfizer vaccine will be used

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. Northern Health confirmed it has the lowest vaccination rates amongst the province’s five regional health authorities. (THE CANADIAN PRESS/Jonathan Hayward)
Vaccination rates in Vanderhoof, Fraser Lake, Fort St James well below provincial average

COVID-19 immunization clinics for youth 12+ coming up in Fort St. James

Fort St. James Fire Department Captain Gary Soles (left), Fire Chief Ryan McVey (centre) and Captain John Bennison show off a new set of ‘jaws of life’ cutters. (Brooke Eschuk, District of Fort St. James photo)
Fort St. James Fire Department receives life-saving rescue tool

New set of ‘jaws-of-life’ cutters arrived last month

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

BC Green Party leader and Cowichan Valley MLA Sonia Furstenau introduced a petition to the provincial legislature on Thursday calling for the end of old-growth logging in the province. (File photo)
BC Green leader Furstenau introduces old-growth logging petition

Party calls for the end of old-growth logging as protests in Fairy Creek continue

B.C. Premier John Horgan leaves his office for a news conference in the legislature rose garden, June 3, 2020. (B.C. government photo)
B.C. premier roasted for office budget, taxing COVID-19 benefits

Youth addiction law that triggered election hasn’t appeared

Most Read