Company must pay $60K ‘moral’ damages for axing sexually harassed woman
TORONTO — A woman who endured constant on-the-job sexual harassment before being unceremoniously fired when she complained deserved “moral damages” from her former employer, Ontario’s top court ruled Wednesday.
The decision affirmed a lower court’s $60,000 award to Melissa Doyle against Zochem Inc. for the manner in which she was fired.
In addition, the Ontario Court of Appeal ordered the zinc-oxide producer based in Brampton, Ont., to pay Doyle another $40,000 to cover her legal costs given that its conduct in pursuing the appeal was a “continuation of its oppressive conduct” toward her.
In May last year, then-Superior Court justice John Belleghem awarded Doyle general damages equal to 10 months’ salary, $25,000 for sexual harassment, and the $60,000 in moral damages. Zochem appealed only the moral damages award, arguing $20,000 would have been appropriate. Among other things, the company claimed that Belleghem had considered factors irrelevant to the firing.