DAMAGE AWARDS
JULY 2015 | AUTHOR: NAV BANDHAL
Traditionally, damage awards for human rights breaches, aggravated and punitive damages, and mental distress have been viewed as moderate, at least when compared to the United States. While such awards continue to pale in comparison to the U.S., there has been a noticeable increase in the quantum of these awards over the last few years.
The recent case of O.P.T. v. Presteve Foods Ltd. before the Ontario Human Rights Tribunal confirms this trend. The 2 applicants were sisters who worked for the employer as temporary foreign workers from Mexico. During the course of their employment, they were subjected to sexual solicitation, touching and ultimately, assault at the hands of the owner. Examples of the egregious behaviour towards “OPT”, the elder sister, included the following:
“MPT”, the younger sister, was subjected to the following:
When the applicants attempted to resist, they were threatened with being sent back to Mexico.
The Vice-Chair declared that the owner’s conduct was unlike any other case ever
brought before the Tribunal. The owner was found personally liable for breaching the Human Rights Code, and the company was found jointly liable. OPT was awarded $150,000 in damages for injury to her dignity, feelings and self-respect, whereas MPT was awarded $50,000 in damages. In addition, the company was required to provide all temporary foreign workers with human rights training for a period of 3 years.
Take-Aways for Employers
As noted by the Vice-Chair, this case was particularly unique in the level of egregious behaviour. Furthermore, the applicants were notably uniquely vulnerable given their status as migrant workers in Canada. Nevertheless, this case illustrates the trend in Canada to recognize the rights of employees who are victims of harsh, extreme and heinous behaviour.
Employers need to be cognizant that adjudicators are placing increased emphasis on ensuring that companies are meeting their obligations to ensure employees are treated with respect and fostering a poison-free workplace.
If you have any questions relating to any of the above, please do not hesitate to contact Nav Bhandal at nbhandal@kmblaw.com or 905.276.0408.
The recent case of O.P.T. v. Presteve Foods Ltd. before the Ontario Human Rights Tribunal confirms this trend. The 2 applicants were sisters who worked for the employer as temporary foreign workers from Mexico. During the course of their employment, they were subjected to sexual solicitation, touching and ultimately, assault at the hands of the owner. Examples of the egregious behaviour towards “OPT”, the elder sister, included the following:
- Invitations to dinner;
- Hugs and kisses;
- Touching the breasts, legs and vagina;
- Having her touch his penis;
- Forced fellatio; and
- Sexual intercourse.
“MPT”, the younger sister, was subjected to the following:
- Touching the breasts and buttocks over the clothes; and
- Soliciting sexual intercourse.
When the applicants attempted to resist, they were threatened with being sent back to Mexico.
The Vice-Chair declared that the owner’s conduct was unlike any other case ever
brought before the Tribunal. The owner was found personally liable for breaching the Human Rights Code, and the company was found jointly liable. OPT was awarded $150,000 in damages for injury to her dignity, feelings and self-respect, whereas MPT was awarded $50,000 in damages. In addition, the company was required to provide all temporary foreign workers with human rights training for a period of 3 years.
Take-Aways for Employers
As noted by the Vice-Chair, this case was particularly unique in the level of egregious behaviour. Furthermore, the applicants were notably uniquely vulnerable given their status as migrant workers in Canada. Nevertheless, this case illustrates the trend in Canada to recognize the rights of employees who are victims of harsh, extreme and heinous behaviour.
Employers need to be cognizant that adjudicators are placing increased emphasis on ensuring that companies are meeting their obligations to ensure employees are treated with respect and fostering a poison-free workplace.
If you have any questions relating to any of the above, please do not hesitate to contact Nav Bhandal at nbhandal@kmblaw.com or 905.276.0408.
This article is provided for general information purposes and should not be considered a legal opinion. Clients are advised to obtain legal advice on their specific situations.
