What is the test for making out sexual harassment?

For a case of sexual harassment to be made out, the onus is on the applicant to prove, on a balance of probabilities, that (1) the personal respondent was the applicant’s employer, the employer’s agent, or another employee; (2) the personal respondent harassed the applicant by engaging in a course of vexatious comment or conduct towards the applicant that was known or ought reasonably to have been known to be unwelcome; (3) the personal respondent harassed the applicant in the workplace; and (4) the personal respondent harassed the applicant because of the applicant’s sex. See, Smith v. The Rover’s Rest, 2013 HRTO 700. Touching, Massaging and Sexual Advances