A woman who claims she was sexually assaulted while on a business trip for the Ontario Greenhouse Vegetable Growers last year would have been too drunk to remember what really happened, according to defence documents filed in court.
Laura Brinkman, OGVG’s former marketing co-ordinator, is suing the agency and directors Jordan Kniaziew and Jim Veri for constructive dismissal, emotional distress and punitive damages.
She claims she left her job after Kniaziew grabbed and kissed her at a July 2013 trade show in Monterey, Calif. Kniaziew, in his statement of defence, says he never kissed Brinkmann, but did have to pick her up off the sidewalk after she fell down drunk.
Neither Brinkmann’s statement of claim nor Kniaziew’s statement of defence have been tested in court.
Brinkmann’s lawyer, Richard Pollock, disputed the contents of Kniaziew’s statement of defence. “Laura Brinkmann stands by her allegations,” Pollock said.
Veri has yet to file a statement of defence in response to the Leamington woman’s lawsuit. Veri, who runs a greenhouse operation in Exeter Ont., has, however, filed a document with the court asking Brinkmann for more details of allegations.
The London lawyer representing him could not be reached for comment Tuesday.
Brinkmann alleges that Veri made repeated derogatory comments of a sexual nature to her at the trade show. For the six years she worked at the agency, she endured such conduct and more from Veri, Kniaziew and others, she claimed. She said she filed a harassment complaint against Veri in 2009, but the behaviour continued.
The OGVG has filed a statement of defence in which it claims it “fully addressed” her 2009 complaint.
The OGVG described Brinkmann as a good employee who earned bonuses and pay raises. At the time she left the OGVG, she was making $54,350 per year, according to court documents filed by the agency. She is suing for $450,000.
The OGVG claims no knowledge of what transpired between Brinkmann, Kniaziew and Veri at the trade show, but insists the conduct Brinkmann complained of took place on their own time, not as part of OGVG business.
Brinkmann, Kniaziew and Veri “were acting solely in their capacity as individual adults, and not as employees, directors or members of the OGVG,” it says, claiming it is not liable for the alleged misconduct.
Brinkmann’s statement of claim described the OGVG as a “boys club” where sexual harassment is part of the “culture.” She said whenever she raised complaints about offensive comments and behaviour, she was told “that’s just how this industry is.”
Brinkmann said the conditions under which she worked were tantamount to constructive dismissal. The OGVG says it was never given the opportunity to address Brinkmann’s complaints because she never returned to work after the trade show.
Pollock, again, said to look to her statement of claim. “Why would she bring another complaint to the very people she states condoned and enabled the wrongful behaviour?”
No court dates have yet been set in the case.
Find Windsor Star on Facebook
