Supervisor Punching Employee in the Genitals Costs Employer $285,000:

In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979 Justice Di Luca , after a 12 day trial, awarded huge damages to a general labourer with only 14 months service.

The facts are horrendous. Hired as a Temporary Foreign Worker, the Court found that the following things were done to him.

1) His supervisor punched him in the testicles in front of co-workers. This resulted in the loss of one testicle.

2) After falling from a ladder at work, the Defendant interfered with his WSIB claim.

3) His supervisor referred to him as a” fucking Albanian”.

4) His supervised threatened to report him to the the Immigration authorities and get him deported.

5) When he told his supervisor that the injury to his testicle was affecting his marital relations, the supervisor said ” I can help, bring by your wife’.

He was awarded the following damages:

1. Four months notice for wrongful dismissal.

2. $100,000 for the tort of battery with general and aggravated damages.

3. $25,000 for punitive damages against the supervisor personally.

4. $10,000 for the tort of assault.

5. $50,000 for human rights damages

6. $5,794 in unpaid wages.
7. $75,000 for moral damages
8. $25,000 for punitive damages

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