Suit names energy firms, staff in man’s sexual assault

Hey there, time traveller!
This article was published 10/01/2024 (995 days ago), so information in it may no longer be current.

A Winnipeg man has named a pair of industrial energy companies in a Manitoba lawsuit, alleging he was sexually assaulted by his superior while unconscious and then fired after raising the issue with his employer.

The civil suit, filed Jan. 4 in the Court of King’s Bench, identifies Ledcor Industrial Group Ltd. and TransCanada Pipelines Ltd. (a subsidiary of TC Energy Corp.) as defendants.

Two men — one who worked as a lead-hand in charge of the plaintiff and another who was his direct supervisor — are also named in the lawsuit.

The statement of claim says the plaintiff had been a summer student at TC Energy and was contracted, via Ledcor, to seasonally inspect Manitoba pipelines for corrosion.

The Free Press is not naming the plaintiff due to the sexual nature of the allegations.

On Aug. 27, 2021, the plaintiff lost consciousness while drinking alcohol in a Brandon hotel room with several co-workers and the corrosion crew’s lead-hand. While unconscious, the lead-hand allegedly began kissing the plaintiff in front of the group, the claim says.

During the alleged assault, the lead-hand was wearing nothing but a small pair of women’s shorts and had his penis partially exposed, allowing his genitals to make contact with the unconscious man, the claim says.

The plaintiff awoke the next day with no knowledge of the alleged assault until one of his co-workers told him the man had “briefly kissed him on his lips.”

Evidence later emerged a colleague had disclosed the incident to another supervisor and raised several issues regarding the lead-hand’s conduct, including that he had repeatedly sexually harassed a female colleague and used racial slurs on a “daily basis,” the claim says.

The claim alleges the supervisor did not directly address the incident and instead sent text messages to the plaintiff asking, “How did dinner and the night go?” and “All in all you had a fun and good year? Nobody pissed you off to (sic) much? Lol.”

Roughly a year passed before the plaintiff learned the full extent of the alleged assault, prompting him to report the incident to TC Energy and Ledcor in the spring of 2022.

An investigation resulted in no punitive measures, the plaintiff “was not offered any supports or services and TC Energy did not make any efforts to improve the work environment or ensure further student employees are free of assault and harassment,” the claim says.

On May 30, 2023, the plaintiff filed a lawsuit against the lead-hand and TC Energy. One month later, the plaintiff alleges he was terminated by TC Energy and Ledcor “after he raised the issues described in this claim.”

“The conduct of the defendants was intentional and done with the knowledge that it would cause (the plaintiff) humiliation, distress and injury. Such conduct was malicious, high-handed and is deserving of punishment,” the claim says.

The plaintiff is seeking an unspecified amount in damages, claiming he has suffered from anxiety, stress, depression and an inability to pursue post-secondary education as a result of the alleged assault.

The allegations haven’t been tested in court.

The lead-hand filed a statement of defence in response to the May civil suit, in which he denies the allegations. Neither TC Energy nor Ledcor has filed a statement of defence.

TC Energy declined to comment Tuesday; Ledcor did not respond to the Free Press.

The claim highlights the disproportionate treatment and challenges faced by men who report sexual harassment and violence in the workplace, said Lukas Neville, an associate professor of organizational behaviour at the University of Manitoba’s Asper School of Business.

“Sexual harassment is about aggression and it’s about power,” Neville said Tuesday. “My suspicion is that male experiences of sexual harassment and sexual violence are probably under-reported because there is a real stigma to being a male victim.”

He said men who are sexually harassed in a male-dominated workplace “often deal with much more serious mental health consequences.”

The associate professor urged companies to be proactive in their approach and response to such claims by prioritizing external audits, interviews with former and current employees and additional training.

“Your (work) culture is the behaviour you tolerate… Over time, you don’t want to be in a place where the only people who are left standing are the people who think this is OK,” Neville said.

“We tell ourselves that it’s all just fun and games, but when you look at the impact on people’s well-being and their mental health, it’s really quite serious.”

tyler.searle@freepress.mb.ca