Ontario – Human Rights by Civil Action

Ontario – Human Rights by Civil Action

 

CaseDetailsAward
Silvera v OlympiaSexual assault – touching$30,000 as Human Rights damages. Action was undefended. Additional damage claims were allowed of $90,000 aggravated, $10,000 punitive, $42,750 costs of future care, $33,900 future income loss
OSC 2015case was not defended

Strudwick v Applied Consumer & Clinicalabusive treatment due to deafnessOCA increased trial award from $20,000 to $40,000
OCA 2016

Doyle v ZochemSexual harassment$25,000 for the Code violation of sexual harassment. The issue on appeal focused on the additional award made of $60,000 for moral damages, which was upheld by the Court of Appeal. The award of human rights damages was seen as one serving a distinct purpose although the “same conduct may ground separate awards”. Human rights awards are designed, the court noted, to compensate for the loss of “the right to be free from discrimination and the experience of victimization”.
OCA 2017

Osmani v UniversalPlff was punched in the testicles by his manager resulting in surgical removal.$100,000 Assault
OSCUSRL engaged in a series of acts that poisoned the workplace and undermined the employee/employer relationship. These acts include: failing to respond to Mr. Osmani’s repeated complaints about Mr. De-Almeida’s conduct, which USRL knew involved a strike to the testicles as well as verbal abuse; failing to conduct any investigation into and/or discipline of Mr. De-Almeida, failing to separate Mr. Osmani and Mr. De-Almeida for anything more than a short “happenstance” period of time.$10,000 battery
Dec-22b.   In addition, when Mr. Osmani fell from the ladder and was injured, USRL crafted a false narrative that sought to place blame on Mr. Osmani for the workplace accident. It also dissuaded him from pursuing a WSIB claim and used Mr. De-Almeida as its intermediary to accomplish this end.$75,000 on dismissal
c.   Once Mr. Osmani returned to work, he was eventually placed back with Mr. De-Almeida. He was also made to perform duties outside his capabilities and had his WSIB claim prematurely terminated resulting in the loss of his wage top-up.Human rights violations $50,000;
$25,000 against personal defendant
Human rights: Ethnic slurs such as “dumb/fucking Albanian” and “dumb/fucking Italian”;
b.   Immigration status related comments suggesting that Mr. Osmani would be placed on the “next plane” back to Albania unless he followed instructions and comments suggesting that for two years (the length of the work permit), Mr. De-Almeida had Mr. Osmani’s “balls” in his hands;
c.   Referring to Mr. Osmani as “a bitch” or “his bitch”;
d.   Offers to “help” Mr. Osmani with his wife’s sexual needs as a result of the trauma to the testicles; and,
e.   Various “pranks” involving Mr. Osmani’s testicles which occurred after Mr. Osmani was struck forcefully in the testicles by Mr. De-Almeida.
Failure to investigate created a poisoned work environment


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For Mediation of Employment Law & Workplace Human Rights Issues