The Ontario Superior Court of Justice has held that an employee
was constructively dismissed from his employment after he endured
months of harassment by his coworkers. In allowing the harassment
to continue after the employee made a verbal complaint to his
manager, the Court found that the employer breached its duty to the
plaintiff to provide a work environment free of harassment. The
plaintiff was awarded a 12 month notice period. This case
reinforces the need to train members of management to identify
situations of harassment and to take appropriate, timely steps in
addressing such issues.
The plaintiff, Mr. Disotell, a 36 year old hourly-paid employee,
claimed that he was constructively dismissed from his position at
Kraft's cheese factory in Ingleside, Ontario as a result of
harassment in the workplace which his employer did nothing to
prevent. The harassment involved persistent derogatory sexual
comments and jokes made by the plaintiff's coworkers
