Harassment and Damages
THE SAME CONDUCT MAY GROUND AN AWARD OF DAMAGES
FOR SEXUAL HARASSMENT AND MORAL DAMAGES
By Nadia Zaman
In a blog post about the Harvey Weinstein scandal and sexual
harassment, Toronto lawyer Stuart Rudner of Rudner Law
asserted that after the scandal took place, sexual harassment
could no longer be seen as a “cost of doing business.” That may
leave you wondering: what is the cost?
Earlier in 2017, the Ontario Court of Appeal heard the case
of Doyle v. Zochem Inc., which involved a woman who was sex-ually
harassed at work, and then fired after lodging a complaint.
The court affirmed the trial judge’s decision to award the follow-ing
1. Damages for wrongful dismissal: $55,849.99;
2. Damages pursuant to the Human Rights Code: $25,000; and
3. Moral damages: $60,000
Significantly, much of the same conduct was relied upon to
justify the awards for both moral damages and human rights dam-ages,
as the court found that the damages serve different purposes.
The employee, Melissa Doyle, had been employed by Zochem for
nine years as a plant supervisor and health and safety coordinator.
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HRPROFESSIONALNOW.CA ❚ JANUARY 2018 ❚ 13