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

People participated in a walk to honour the 215 children found at a former Kamloops residential school, as well as residential school survivors. (Twila Amato/Black Press Media)
Kelowna marks National Indigenous Peoples’ Day with walk to remember Kamloops 215

“Let’s speak the truth and deal with the truth, and heal.”

Kelowna Cabs’ dispatchers will be coming back to work now that their union and the taxi company have come to an agreement. (Facebook/Kelowna Cabs)
Kelowna Cabs dispatchers set to go back to work

The taxi company and the dispatchers’ union have reached an agreement

t
Motorcyclist critically injured in Westside Road collision

Motorcyclist collides with vehicle, struck by another: preliminary police findings

People at the beach in front of Discovery Bay Resort on Tuesday, July 14. (Michael Rodriguez - Capital News)
Heat wave forecast for Okanagan-Shuswap

Temperatures are forecast to hit record breaking highs this week

The Crofton trailer park home where the bodies of two people were found. (Photo by Don Bodger)
Kelowna mom still waiting for answers after daughter and her fiance found dead

Pair discovered in their Vancouver Island home in May identified as Rachel Gardner and Paul Jenkins

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Photograph By MICHAEL POTESTIO.KTW
Former Kamloops security gaurd wants job back after kicking incident caught on video

Rick Eldridge quit when a video surfaced of him kicking a man outside a facility for homeless

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

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

A home on Cameo Drive sustained major damage due to an early morning fire Monday, June 21. (Roger Knox - Morning Star)
UPDATE: Fire sparked during Vernon home renovation

Heavy black smoke from Cameo Drive home, no one inside

The new Civic Memorial Park will incorporate pieces of the 80-year-old arena it replaces. (Artists rendering)
Pieces of Civic Arena reclaimed for new Vernon park

City centre space to incorporate wood from the historic arena

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

Most Read