The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.
Last week, I wrote about the incident in which five migrant workers fell 13 storeys when a platform collapsed on Christmas Eve, 2009. Four died instantly, but one survived. This fifth worker, who suffered grave injuries, has now launched a civil suit for damages.
In December 2008, the Ontario Superior Court of Justice awarded Marta Piresferreira, a former employee of Bell Mobility Inc., more than $500,000 in damages arising from an assault at the hands of her supervisor. The Court found the company and supervisor jointly liable for Piresferreira’s damages. Then in May of this year, the Court of Appeal reversed the lower court decision.