Nearly $100,000 on compensatory damages reflect extreme level of humiliation causing employee to become suicidal
The discrimination, harassment, poisoned workplace and lack of accommodation caused enough damage to the employee’s life and wellbeing that the employee is entitled to almost $100,000 plus four years of lost wages, the Grievance Settlement Board of Ontario has ruled.
On July 24, 2013, the board released a decision in Ontario (Ministry of Community Safety and Correctional Services) and OPSEU (Ranger), Re with respect to whether further compensation is owed. The board awarded $45,000 in compensatory damages for discrimination, harassment and poisoned workplace, which was the largest amount ever awarded by the board. Another $53,000 in compensatory damages was awarded for failure to accommodate over four years, and the employer was also ordered to add vacation credits to Ranger's vacation bank and include overtime and other premium pay as long as he remains in his current position.
The board previously upheld Robert Ranger's grievances that he had suffered discrimination, harassment and a poisoned workplace at the Ottawa Carleton Detention Centre, and that the employer had failed in its duty to accommodate him when he became ill as a result of the harassment and discrimination and ordered the employer to pay $245,242 for lost wages.
Some of the reasons for the $45,000 award were as follows:
•Uncontroverted medical evidence that Ranger suffered anxiety and deep depression, at times being suicidal.
•The harassment was profoundly humiliating.
•Ranger felt victimized and lost self-respect.
•He transformed to a bitter, distrustful person.
•The harm suffered was foreseeable.
•He lost the work he wanted to do as a correctional officer and can never return to work in a correctional institution.
•He lost opportunities to advance his career.
•The employer's breach affected every aspect of both his professional and personal life.
•The impact of delay in investigating the complaint affected Ranger adversely and made him sicker.
•There was almost no evidence to justify the delay.
•The delay to investigate was a breach of the employer's duty.
•There has been no case before the arbitrator where a complainant has suffered such extensive harm.
This case demonstrates the principle that damage awards attempt, so far as possible, to restore the dignity interest of the employee and, given this is the largest sum ordered yet, there will be no hesitation in doing so.
In summary, the breach was egregious, did great harm and was foreseeable. The combination of the harassment, discrimination and not being accommodated for so many years left Ranger emotionally crippled, distrustful of everyone and completely crushed.
Lessons for employers
Employers should ensure under all circumstances the Human Rights Code is complied with, in the event of any reported breach an investigation is promptly done and the duty to accommodate is treated very seriously. Advance training of all staff on the Human Rights Code and harassment prevention should be regularly performed.
Management should be reminded periodically that any breach of the Human Rights Code is unlawful and, if a breach is reported, this should be taken seriously and promptly investigated. Further reminders that the duty to accommodate must not be delayed for any reason is essential. As well, accommodation is up to the point of undue hardship, so the employer may be expected to suffer some hardship in accommodation, but not undue hardship.
Lessons for employees
Employees should be aware employers must respect human rights as prescribed in the Human Rights Code and the employers' duties to investigate and accommodate are taken very seriously. A poisoned workplace may foreseeably result in injury to dignity, feelings and self-respect for which an employer may be ordered to provide compensation.
For more information see:
• Ontario (Ministry of Community Safety and Correctional Services) and OPSEU (Ranger), Re, 2013 CarswellOnt 10358 (Ont. Grievance S. Bd.).
