A hearing involving a former employee and former owner of the Deep Creek General Store in Armstrong will go forward after an Oct. 30, 2020, decision was published by the B.C. Human Rights Tribunal. (Google Maps)

A hearing involving a former employee and former owner of the Deep Creek General Store in Armstrong will go forward after an Oct. 30, 2020, decision was published by the B.C. Human Rights Tribunal. (Google Maps)

Boss offered $2K for sex, says former Okanagan cashier

B.C. Human Rights Tribunal to see matter go forward to a hearing

A former cashier of an Armstrong convenience store who claimed her boss offered her $2,000 for sex will have her case forwarded to a hearing if mediation services don’t work to resolve the matter.

The complainant, Kiyahna Smith, said she was terminated from Armstrong’s Deep Creek General Store shortly after the alleged incident. However, the respondent and former owner, Wooyoung (Kai) Joung, continues to deny the allegation and argues Smith’s performance was the sole cause for termination.

The Oct. 30 British Columbia Human Rights Tribunal decision notes both parties presented descriptions of events that are at complete odds with each other.

Smith claimed her boss sexually harassed her, created a hostile work environment and terminated her employment.

“Credibility is at issue,” the decision reads. “Essentially, Ms. Smith says Mr. Joung offered her money to have sex with her. Mr. Joung says it is a misunderstanding due to cultural differences between Korean and Canadian Culture.”

Both agree that Joung offered Smith $100 to go for lunch in August 2017. Joung said in his culture, it’s common to show appreciation toward employees by taking them out for lunch or presenting small gifts.

Joung said when he asked Smith to lunch, she responded, “Sure, I’ll have lunch with you for $200,” the report reads.

The respondents said Joung’s limited English skills prevented him from understanding Smith’s joke.

“He was confused and thought she meant she wanted him to pay her a day’s wage for going for lunch,” the report reads. “He said $200 was too much and offered $100 which is about one day of her wages. He was confused why she didn’t take the money.”

On the drive back from lunch, Smith said Joung offered $2,000 to have sex. She refused.

Denying he offered money for sex, Joung said he said something to the effect of “Lunch is worth more than $100,” the report reads. “It was worth $1,000 or $2,000.” He denied there was any sexual connotation in his statement.

READ MORE: Armstrong mom $1M richer after candy run

Smith confided in a colleague known as Ms. H. When she brought it up with Joung, Ms. H said he told her it wasn’t uncommon for a married man in Korea to pay a woman to go for lunch and perhaps engage in intercourse if both parties consent to it.

Smith noted that shortly after the incident, her hours at the store were cut.

She reported she was falsely accused of having another job with conflicting hours and wrongfully accused of stealing.

Her former boss said he only sent employees home early if the store wasn’t busy and notified the board Smith was sent home for being rude and unprofessional.

Smith denies being rude but said if it came across that way, it was because she didn’t want to keep talking about what he had done before and how he can make things better, the decision reads.

Smith was handed a termination letter at the end of September 2017, six months after she started working at the general store.

Joung’s wife said it was her idea to let the employee go, saying Smith displayed an “insincere work behaviour,” conflicting job and lack of communication.

Joung said Smith mocked his accent and made inappropriate comments and jokes. He said she was rude toward him, customers and co-workers and claimed Smith pretended to vomit when his family ate Korean food in front of her.

“I am not persuaded by the respondents’ argument that this complaint is due to a misunderstanding of Mr. Joung’s Korean culture and his limited English communication skills,” wrote tribunal member Grace Chen, noting both parties should take advantage of the tribunals’ mediation services to come to a conclusion.

The complaint will proceed to a hearing.

READ MORE: ‘Honey’ and ‘sweetie’ possibly sexual harassment in Lake Country salon

READ MORE: B.C.’s to begin counting mail-in ballots Friday, will take at least 3 days


@caitleerach
Caitlin.clow@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Nikita, a four-year-old German Shepherd that was attacked by a buck in a backyard in Esquimalt Sunday is lucky the injury wasn't more severe. (Photo contributed by Suzette Goldsworthy)
Esquimalt dog owner issues alert after deer injures German shepherd

Nikita needed stitches after an early morning encounter

Capital Regional District Animal Control say an eight-month-old Rottweiler bit a Langford mother and her child near Glen Lake on Nov. 19. (Black Press Media file photo)
Large dog attacks mother and child in Langford

Mother puts three-year-old on top of car to protect him

(Black Press Media file photo)
Police arrest man covered in blood on heels of significant Saanich crash into woods

Resident calls in home invasion in progress after crash

The Victoria Police Department headquarters. (Black Press Media file photo)
Investigation launched into man’s death after arrest in Victoria

IIO investigation to determine if police actions or inaction played a role in the man’s death

Brenda Schroeder thought she was reading it wrong when she won $100,000 from a Season’s Greetings Scratch & Win. (Courtesy BCLC)
New home on the agenda after scratch ticket win in Saanich

Victoria woman set to share her $100,000 Season’s Greetings lottery win

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers at the project site in Kitimat. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
Forty-one positive COVID-19 cases associated with the LNG Canada site outbreak in Kitimat

Thirty-four of the 41 cases remain active, according to Northern Health

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

A woman being arrested at a Kelowna Value Village after refusing to wear a mask on Nov. 22.(@Jules50278750/Twitter)
VIDEO: Woman arrested for refusing to wear mask at Kelowna Value Village

RCMP claims the woman was uncooperative with officers, striking them a number of times and screaming

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

A rider carves a path on Yanks Peak Saturday, Nov. 21. Two men from Prince George went missing on the mountain the next day. One of them, Colin Jalbert, made it back after digging out his sled from four feet under the snow. The other, Mike Harbak, is still missing. Local search and rescue teams went out looking Monday, Nov. 23. (Sam Fait Photo)
‘I could still be the one out there’: Snowmobiler rescued, 1 missing on northern B.C. mountain

As Quesnel search and rescue teams search for the remaining rider, Colin Jalbert is resting at home

Most Read