Employer Misconduct Results In Moral Damages

The Ontario Court of Appeal in Doyle v. Zochem Inc., 2017 ONCA 130 recently upheld an award of $60,000 in "moral damages" to a former employee for the bad faith manner in which she was dismissed. For employers, this case offers two crucial lessons regarding the importance of their conduct with respect to employment relations. First, complaints of workplace sexual harassment and discrimination must be taken seriously and handled appropriately. Second, the employer's duty of good faith in the manner of employee dismissal does not come to an end when the employee has been terminated. Post-termination bad faith conduct by a former employer is a valid consideration in assessing an employee's entitlement to "moral damages".