A Property Administrator who was fired after her employer failed to protect her from harassment and assault has been awarded $175,000 in damages by the Ontario Superior Court.
The decision hasn’t been released publicly, but HR Law Canada reports that the claimant faced harassment and threats from 2 tenants who had lived at the employer’s property since before she was hired.
One tenant was convicted of assault on the Property Administrator, but returned to the building after probation to continue his harassment of her. According to the story, the Property Administrator notified her employer of the harassment and assault, but received little support in return, other than being told to contact the police if she felt unsafe.
She eventually took a medical leave, but was fired a few months later, which the employer claimed was due to “frustration of contract” — a technical term meaning she was incapable of fulfilling the contract because she could not work.
The Judge found that the employer’s failure to act created an unsafe work environment for the employee that significantly contributed to her declining mental health. She was awarded $125,000 in general damages for human rights discrimination and breach of the Occupational Health and Safety Act, along with 8 months of severance pay. In addition, the Property Administrator was awarded $50,000 in moral damages because of how the employer handled her termination: acting in bad faith and exacerbating her mental distress.
If your employer isn’t taking obligations under the OHSA and OHRC seriously, our team of employment lawyers is here to help you understand and enforce your rights. Feel free to get in touch with a member of our team.
