The case is another reminder that employers who don't follow best practices while investigating employee grievances could end up with a steep payday.
A trial judge awarded $60,000 in moral damages to an employee who was repeatedly sexually harassed by her co-worker. In Doyle v. Zochem Inc. (PDF), 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".
Facts
MD worked with Zochem Inc. ("Zochem") for nine years, supervising an all-male group of refinery workers. She was the only woman working there. BR was the plant maintenance manager. Zochem considered him to be irreplaceable. In the course of their work, BR sexually harassed MD, making frequent inappropriate and belittling comments.
Prior to a July 14, 2011 meeting, BR and another co-worker had been informed that MD was to be terminated. During the July 14 meeting, BR and the co-worker ignored the harassment issues raised by MD and demeaned and belittled her. MD left the meeting in tears. Still unaware that she would soon be terminated, she made a complaint of sexual harassment. Zochem did a cursory investigation and heard from BR, but did not give MD an opportunity to respond.
Five days later MD was terminated without cause. She had to go on medication for anxiety.
Article Spotted by : Kathryn Benson
Article Written by: Hannah Roskey
Article Published: 2017
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