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ARTICLE · 15 JULY 2015

Handle With Care: Damages May Be Awarded For Unreasonable Disciplinary Action

McMillan LLP
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On appeal, the Federal Court noted that the jurisprudence regarding damages for mental distress has been in constant flux.

CanadaEmployment and HR
Paul Boshyk
Paul Boshyk
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A recent decision of the Federal Court of Canada has confirmed that employees can be awarded aggravated damages for mental distress as a result of unreasonable disciplinary action that falls short of dismissal.

Background

In Gatien v. Attorney General of Canada,1 the employee had been employed in the federal public service for over 35 years with a clean disciplinary record. However, following an incident in which she was physically assaulted by one of her colleagues, the employee constructed a barricade in order to prevent her assailant from reentering the workplace. The employee commenced a stress leave as a result of these incidents and, when she returned, received a 10-day disciplinary suspension for having constructed the barricade. The employee returned to work after serving the suspension, but her psychological issues persisted.

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