Problem
For over 25 years, Samson has been a highly respected marketing executive at Klondike Automotive. Shortly after his marriage ended, Samson (now in his early sixties) met Delilah, a vivacious single 35-year-old year sales representative at the company's Christmas party. Delilah, who had just joined Klondike was eager to chat with Samson, whom she viewed as a potential mentor. The two spent most of the party talking about career opportunities at Klondike.
Following the party, Samson begin sending Delilah numerous personal email messages as well as flowers and gifts. Delilah returned the flowers/gifts and told Samson that there was NO chance of a personal relationship between them. Nonetheless, Samson continued to send Delilah six or seven emails a day, several included rather provocative photos of himself. Samson even told many of her colleagues and key customers that he and Delilah were romantically involved. Delilah has complained three times to Klondike's Human Resources Department that she is so stressed out by Samson's unwanted attention that her health and her job performance are being negatively impacted. When the situation began too stressful, negatively impacting her health and job performance, Delilah quit. After receiving legal advice, Delilah sued Klondike automotive for damages.
A. What are the legal issues that arise in this case?
B. What are the legal tests that the court will apply to decide the case?
C. Discuss how the legal tests should be applied to the facts of the case, and state the likely outcome of the dispute between the parties. Give reasons for your answer, referring to the relevant legal tests.