MPP Mantha sexually harassed staffer, told her to send explicit photos, investigator concluded

MPP Michael Mantha repeatedly sexually harassed a female employee at his Elliot Lake office and requested that she send him sexually explicit photos of herself, according to the findings of an independent investigation conducted last year.

The investigation also concluded, on a balance of probabilities, that the Algoma—Manitoulin MPP pressured the woman to "engage in non-consensual sexual interactions with him," despite her repeated protests that he stop. 

Mantha required that the woman "submit to his hugs on a regular basis," inform him of "any sexual dreams about him," and pressured her to work from the office more "so that he could physically have access to her and continue his practice of sexually touching her," the investigation concluded.

The revelations are contained in an arbitration decision released online on Aug. 8, shedding new light on why Mantha was ousted from the Ontario NDP Caucus (ONDP) in 2023 amid allegations of workplace harassment. 

Mantha has been an MPP since 2011, winning four consecutive provincial elections in his riding before being removed from caucus and forced to serve as an independent because of allegations of workplace harassment. 

The arbitration was between the Ontario NDP Caucus and the Canadian Office and Professional Employees (COPE) Union, Local 343. 

The arbitration itself handled two grievances. The first, filed in 2022, alleges a failure to maintain a safe workplace. The second alleges that the unnamed grievor was terminated without just cause. 

The investigation details accusations regarding an unsafe workplace, which was Mantha’s constituency office.

They include Mantha pressuring the grievor to have “non-consensual sexual interactions with him,” and the MPP requesting that the greivor “send explicit pictures of herself,” among other allegations. 

The investigation, completed by Mireille Mortimer of Mortimer Khoraych Workplace Investigations and referred to in the decision as “the Mortimer Investigation,” was not released to the public. But as the arbitration is now a matter of public record, some details are now known through the publicly issued decision.

On or around Aug. 22, 2022, the grievor (the person making the complaint) raised concerns to the ONDP Caucus about an unsafe work environment. At the same time, she began a paid leave of absence. 

On Nov. 29, 2022, the union filed a grievance on her behalf which raised specific allegations of workplace harassment by Mantha. The ONDP Caucus retained Mortimer, and the investigation began.

Conducted between Jan. 31, 2023 and July 6, 2023, the investigation was based on phone calls, email exchanges and several investigative interviews with the grievor; phone calls and email exchanges with Mantha and/or his legal counsel; investigative interviews with three witnesses who had direct knowledge of the facts underlying the allegations; review of substantial video evidence, as well as text messages and online communications; review of a variety of relevant documentation related to the allegations such as meeting notes and correspondence; and review of various workplace policies, said the arbitrator's decision. 

The final Mortimer Investigation report was issued July 18, 2023. A month later, Ontario NDP leader Marit Stiles permanently removed Mantha from the NDP Caucus. 

“The Mortimer Investigation concluded, on a balance of probabilities, 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,” and were contraventions of ONDP workplace policy, according to the decision released this week.

Further, the decision notes the following from the investigation:

1. Mantha pressured the Grievor to engage in non-consensual sexual interactions with him; 
2. Mantha required the Grievor to submit to his hugs on a regular basis; 
3. 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; 
4. Mantha requested that the Grievor send him sexually explicit photos of herself, advise him of anysexual dreams about him, and made comments about her appearance, including her makeup, hair, and clothes; and  
5. 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. 

The decision notes that both parties, the union and the ONDP do not dispute the findings of the investigation. 

Mantha was provided notice of the arbitration proceedings by the ONDP, but he “has not sought to participate in this hearing.” 

But the decision to remove Mantha from caucus may have cost the grievor her job. 

On Jan. 19 of this year, the decision states the ONDP Caucus issued a termination letter to the woman, asserting that because Mantha no longer held an ONDP Caucus seat, her employment as a constituency assistant “no longer fell within the purview of the collective agreement” between COPE and ONDP.

Other constituency assistants at the office were also terminated for that reason. 

The letter also stated that because the caucus could not offer her work within the COPE bargaining unit — there were no constituency offices nearby — they could not provide her with another job, so she was terminated.  

The union filed another grievance Jan. 26, to say she had been unjustly terminated and sought reinstatement and “a range of other compensatory and other remedies.”

In the decision, the arbitrator found the grievor’s employment with the ONDP Caucus was terminated “through no fault of her own.”

Both parties requested, should the arbitrator come to this conclusion, that the matter of remedy goes back to the parties involved, the union and the ONDP Caucus.

However, the arbitrator states in his decision he will re-engage “in the event the parties are unable to resolve the issue of remedy.  

Last year, in an interview with ElliotLakeToday while the investigation was still ongoing, Mantha said he was dealing with some "emotional scars" but focused on his new role as an Independent MPP.

“What I’ve found in this situation is asking for help is not a sign of weakness, it’s a sign of strength,” he said. “It will be beneficial for myself, my staff, my friends, my sons.”

Jenny Lamothe covers court for Sudbury.com