WRONGFUL DISMISSAL DAMAGES - Damages for mental distress - Aggravated damages - Punitive damages

Law360 Canada (November 13, 2023, 8:41 AM EST) -- Appeal by Café La Foret Ltd. (La Foret) of an award of damages for wrongful dismissal. Cho worked for La Foret alongside Lee who reported directly to him. Lee reported two events of unwanted touching by Cho. Following this, La Foret prepared an affidavit for Cho to sign admitting to the misconduct. Cho refused to sign. He was dismissed by La Foret. A judge later found Cho to have sexually harassed Lee. Cho sued for wrongful dismissal. The judge found that La Foret terminated Cho’s employment because he refused to sign the affidavit. He was awarded damages in lieu of notice and a global award of $25,000 for aggravated and punitive damages. La Foret submitted the judge erred by determining that Cho had not been dishonest; by failing to cumulatively assess the grounds for dismissal; by considering irrelevant factors in assessing the nature and extent of the sexual harassment; and, by making a global award for aggravated and punitive damages. La Foret asked that the global award be set aside, contending that neither aggravated nor punitive damages were available on the facts of the case....
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