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

Ma Murrays 2021 virtual ceremony screenshot
North Island Gazette wins big at 2021 Ma Murray Newspaper Awards

Zoe Ducklow and Bill McQuarrie both won gold at the online ceremony

Port Hardy council has agreed to cancel Canada Day celebrations in wake of the discovery of the remains of 215 children being found on the grounds of a former residential school. (North Island Gazette file photo)
Council votes to cancel Canada Day celebrations in wake of mass grave sites being found

Coun. Treena Smith made the motion for the chamber to not host Canada Day celebrations this year

Port Hardy Fire Rescue responded to an early morning fire around 3:50 a.m. on Sunday, June 13. Two porta-potties were on fire at the Visitor’s Centre on Hastings Street. Anyone with information is asked to contact the RCMP at 250-949-6335. (Port Hardy Fire Rescue photo)
Firefighters respond to early morning fire near visitor centre in Port Hardy

Two porta-potties were on fire at the Visitor’s Centre on Hastings Street

North Island MLA Michele Babchuk. Photo contributed
COMMENTARY: MLA Michele Babchuk talks the future of forestry

‘These forests are important to every single one of us, myself included’

Dr. Prean Armogam hands over a cheque for $10,000 to Hardy Bay Senior Citizens Society president Rosaline Glynn. The money will be going towards a new roof for the Port Hardy seniors centre. This is the second donation Dr. Armogam has made to the society, giving them $5,000 a little over a year ago. (Tyson Whitney - North Island Gazette)
Doctor donates $10k to Hardy Bay Senior Citizens Society for new roof

This was the second donation Armogam has given to the society

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

The B.C. government’s vaccine booking website is busy processing second-dose appointments, with more than 76 per cent of adults having received a first dose. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 infections, hospitalizations stable for Tuesday

108 new confirmed cases, 139 in hospital, 39 in intensive care

Cowichan Tribes man Adrian Sylvester is worried that he was targetted by a trailer hitch thrown from a vehicle. (Facebook photo)
Cowichan Tribes man worried he was target of trailer hitch

Adrian Sylvester says no one has reported a missing hitch after one nearly hit him

Graeme Roberts, who was mayor of Nanaimo from 1984-86, died this month at age 89. (Photo courtesy Nanaimo Community Archives)
City of Nanaimo flags at half-mast as former mayor Graeme Roberts dies at 89

‘Giant-killer’ beat out Frank Ney in mayoral election in 1984

Most Read