Sexy, cruel texts to employee set B.C. man back $30K
Published Tuesday, February 15, 2011 5:25PM PST
A B.C. man has been ordered to pay his former employee and ex-girlfriend almost $30,000 after he sent her nasty text messages -- including ones asking if he could date her daughter.
Lisa McIntosh filed a complaint with the B.C. Human Rights Tribunal after receiving a series of dirty text messages from her boss Zbigniew Augustynowicz, the owner of Metro Aluminum Products in Surrey.
The two had carried on a brief affair when she started working as a delivery driver for the company in 2008, but McIntosh told the tribunal that she ended it after learning that Augustynowicz was not actually separated from his wife.
That's when the text messages started.
After the break-up, Augustynowicz sent McIntosh several texts a day, saying he "needed a nooner" and asking "how about a bj." He called her a "bitch" and said "now I know why you are single."
He also asked if she had "any horny girlfriends" and "can i date your daughter?"
At first, McIntosh responded by sending long messages, asking for an apology and telling him to leave her alone.
Later, she started fighting back, texting him to suggest, "better go get yourself a hooker or go home to your wife." McIntosh admitted in a hearing that she was trying to be mean in an attempt to get him to stop.
But Augustynowicz's messages didn't end until McIntosh threatened to call the police.
She told the tribunal that the tense exchanges put her "on the verge of a nervous breakdown" and she decided to take a week of stress leave. While she was away, Augustynowicz began texting her again, asking if she was okay, and when she didn't reply, calling her a "bitch."
She returned to work briefly before finally leaving the company for good.
In tribunal hearings, Augustynowicz's lawyer argued that McIntosh willingly participated in the text-message exchanges and was a flirtatious employee who welcomed the sexy texts.
But tribunal member Enid Marion rejected those arguments, saying that Augustynowicz had failed in his responsibilities as an employer. She added that McIntosh and Augustynowicz were consenting adults when they began their relationship, even though getting involved with each other may not have been the smartest move.
"Once that relationship ended, and she communicated to him that she no longer wanted to engage in communications or conduct of a sexual nature, Mr. Augustynowicz had a legal responsibility to ensure that he ceased such communications and that the breakdown of their sexual relationship did not negatively impact Ms. McIntosh's working environment," Marion wrote.
She ordered Augustynowicz and his company to pay McIntosh $14,494 for lost wages, $2,901 as reimbursement for expenses and $12,500 in damages for injury to dignity, feelings and self-respect.