Ontario court awards 3 types of damages in sexual harassment case

March 12, 2017 0 COMMENTS

by Hannah Roskey

An employee who was repeatedly sexually harassed by her coworker sued her employer after being terminated. In addition to normal damages for wrongful dismissal she was awarded $60,000 for “moral damages” by the trial judge, plus damages for the employer’s violation of human rights laws.

In Doyle v. Zochem Inc., 2017 ONCA 130, the Ontario Court of Appeal recently upheld this award and dismissed the employer’s appeal. This decision is a stark reminder of the importance of properly investigating employee complaints. It also confirms that moral damages and damages under human rights laws may both be awarded to an employee, without being characterized as “double dipping.”

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Corporate director, 69, not allowed to pursue human rights claim because he isn’t employee

March 05, 2017 0 COMMENTS

by Cindy Switzer

In a recent decision – Peterson v. The Mutual Fire Insurance Company of BC, 2017 BCHRT 21 (CanLII) – the British Columbia Human Rights Tribunal considered whether a corporate director who was told he could not serve a second term on the company’s board because he was over 69 years old, ought to be protected by human rights legislation.

The tribunal concluded that the applicant, a director on the board of an insurance company, was not entitled to protection from age discrimination under the British Columbia Human Rights Code because he was not in an employment relationship with the company.

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