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

Surrey council chambers. (File photo)
Surrey council endorses ‘public engagement’ strategy

Council approves ‘Public Engagement Strategy and Toolkit,’ and a ‘Big Vision, Bold Moves’ transportation public engagement plan

Surrey City Hall. (File photo)
Surrey council approves $7.3 million contract for street paving projects

City council awarded Lafarge Canada Inc. $7,326,667.95 for 15 road projects in North Surrey and one in South Surrey

Surrey city Councillor Brenda Locke. (File photo)
Locke seeks breakdown on what Surreyites get for taxes paid to Metro Vancouver

Surrey councillor presented motion to council Monday asking city staff to do a cost/benefit analysis

TEASER PHOTO ONLY
SURREY NOW & THEN: Little Theatre’s 59-year history ends with big plans for move to Langley

A former church, the theatre building/property has sold for close to $900,000

Old trucks are seen in the yard at the B.C. Vintage Truck Museum in Cloverdale June 14, 2021. The Museum is reopening June 19 after a seven-month COVID closure. (Photo: Malin Jordan)
Cloverdale’s truck museum to reopen

B.C. Vintage Truck Museum set to open its doors June 19

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Montreal Canadiens goaltender Carey Price (31) is scored on by Vegas Golden Knights defenseman Alec Martinez, not pictured, during the second period in Game 1 of an NHL hockey Stanley Cup semifinal playoff series Monday, June 14, 2021, in Las Vegas. (AP Photo/John Locher)
Habs fall 4-1 to Vegas Golden Knights in Game 1 of NHL semifinal series

Match was Montreal’s first game outside of Canada in 2021

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

Robert Nelson, 35, died after being stabbed at a homeless camp in Abbotsford on April 7 of this year.
Mom pleads for information about son’s killing at Abbotsford homeless camp

Robert Nelson, 35, described as ‘man who stood for justice, honour, respect’

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

Police arrest the suspect in an attempted armed bank robbery on June 2 at the Scotiabank at Gladwin Road and South Fraser Way in Abbotsford. (Photo by Garry Amyot)
Abbotsford bank robbery suspect who was stopped by customers faces more charges

Neil Simpson now faces total of eight charges, up from the initial two

FILE – Provincial health officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. watching U.K.’s COVID struggles but don’t think province will see similar pitfalls

Studies show that one dose of vaccine is only 33 per cent effective in preventing B.1.617.2 spread

RCMP Const. Shelby Patton is shown in this undated handout photo. RCMP say that Patton was hit by an allegedly stolen truck that he had pulled over on Saturday morning in Wolseley, east of Regina. THE CANADIAN PRESS/HO, RCMP
Pair charged in Saskatchewan Mountie’s death make first court appearance

Const. Shelby Patton was hit by an allegedly stolen truck that he had pulled over Saturday morning

Most Read