Supervisor punching employee in the genitals costs employer $285,000

In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979 Justice Di Luca , after a 12 day trial, awarded huge damages to a general labourer with only 14 months service.

The facts are horrendous. Hired as a Temporary Foreign Worker, the Court found that the following things were done to him.

1) His supervisor punched him in the testicles in front of co-workers. This resulted in the loss of one testicle.

2) After falling from a ladder at work, the Defendant interfered with his WSIB claim.

3) His supervisor referred to him as a “fucking Albanian.”

4) His supervisor threatened to report him to the the Immigration authorities and get him deported.

5) When he told his supervisor that the injury to his testicle was affecting his marital relations, the supervisor said “I can help, bring by your wife.”

He was awarded the following damages:

1. Four months notice for wrongful dismissal.

2. $100,000 for the tort of battery with general and aggravated damages

3. $25,000 for punitive damages against the supervisor personally

4. $10,000 for the tort of assault

5. $50,000 for human rights damages

6. $5,794 in unpaid wages

7. $75,000 for moral damages

8. $25,000 for punitive damages

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Barry B. Fisher LL.B.

Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.

Latest posts by Barry B. Fisher LL.B. (see all)

• Zero mitigation efforts reduces notice period by 20% - March 13, 2023
• Supervisor punching employee in the genitals costs employer $285,000 - February 13, 2023
• Employer loses on just cause and pays $50,000 in bad faith damages in part because of improper investigation - January 16, 2023