In Horner v 897469 Ont Ltd ( 2018 ONSC 121) Newton J. awarded non-notice damages for an employee who was bullied at work. In this undefended action, the Court found that Ms Horner had been bullied by a co-worker, which caused her great upset. She complained to the owner, who told her to take a few days off and that he ” would figure it out in a few days”. A few days later he fired her, alleging cause in relation to her dealings with the bully co-worker. Having previously been diagnosed with depression, the termination caused her to fall into deeper depression. She lost 30 pounds, was under doctor’s care and has been unable to look for work. She did not get EI as the employer alleged cause.
The Court awarded $20,000 for aggravated damages and another $10,000 for punitive damages. A previous judge had awarded her 3 months notice.
Contrast this with Galea v Walmart ( 2017 ONCA 245) where the Court awarded $750,000 for conduct of a somewhat different sort where there was no medical evidence of mental distress of the Plaintiff.