Arbitration report states MPP Michael Mantha sexually harassed staffer

An arbitration report dealing with allegations of failing to maintain a workplace free from harassment and being terminated without cause is revealing new details about a northeastern Ontario member of provincial parliament.

In August 2023, MPP Michael Mantha was removed from the NDP caucus after allegations of workplace misconduct were substantiated by multiple witness interviews and video evidence.

No information on the case was made public at that time, but an arbitration report released late last week contained details about the investigation.

The arbitration has to do with a former employee who lost their job when Mantha was removed from the NDP caucus. 

In January 2023, the Ontario NDP retained Mireille Mortimer, of Mortimer Khoraych Workplace Investigations, to do an investigation into the allegations of workplace misconduct.

The arbitrator of the case, Jasbir Parmar, posted in her decision that she had "not been asked to make any factual findings regarding the harassment allegations. However, the Mortimer Investigation's conclusions are relevant to the issues raised in the termination grievance."

Parmar said the Mortimer Investigation concluded "that allegations of workplace harassment, sexual harassment, discrimination on the basis of sex, abuse of authority and creation of a toxic workplace, had all been substantiated."

She goes on to say the specific findings of the Mortimer Investigation included the following:

• MPP Mantha pressured the grievor to engage in non-consensual sexual interactions with him;
• MPP Mantha required to grievor to submit to his hugs on a regular basis;
• MPP Mantha sexually harassed the grievor on a regular basis in the office, engaging in several incidents of unwanted physical and sexual contact, notwithstanding the grievor's protests that he stop such conduct;
• MPP Mantha requested that the grievor send him sexually explicit photos of herself, advise him of any sexual dreams about him, and made comments about her appearance, including her makeup, hair and clothes; and
• MPP Mantha pressured the grievor to work from the office more often so that he could physically have access to her and continue his practice of sexually touching her.

In the arbitration decision, it stated the grievor was terminated by the Ontario NDP in Jan. 19, 2024, saying that with MPP Mantha no longer being a member of the NDP, the grievor's employment "no longer fell within the purview of the collective agreement.".

The union representing the worker filed a grievance a few days later, saying the termination was "in contravention of the collective agreement, the Human Rights Code, the Occupational Health and Safety Act and any other relevant legislation."

'Time to move past this matter'

The arbitrator concluded that the grievor's employment "was not terminated for just cause." She said the grievor's "employment with the ONDP Caucus was frustrated, through no fault of her own, following the removal of MPP Mantha from the ONDP Caucus based on the substantiated findings that he engaged with sexual harassment, workplace harassment, discrimination on the basis of sex, abuse of authority and the creation of a toxic workplace."

As a result, the arbitrator sent the matter back to the parties involved. 

NDP Leader Marit Stiles said she takes responsibility for staff and their safety seriously, and called on Mantha to resign.

"It's why I took swift action to remove MPP Mantha from my caucus when allegations against him were substantiated by an independent, third-party investigation," she said.

"Elected officials at all levels must be held to a higher standard. Those who take advantage of the trust and power they have been given are unfit to remain in office."

MPP Mantha issued a statement after the information was made public.

"The last two years have been very challenging, but it is time to move past this matter. While I disagree with some of the characterizations made, on the advice of my legal counsel I will not be commenting further at this time," he said.

"It is my honour to represent the people of Algoma-Mantioulin. I will fulfil my role as member of provincial parliament for the remainder of this term and leave the decision on my future in the hands of voters in Algoma-Manitoulin."