'An employer must take reasonable steps to address an employee's complaints of harassment by anyone'
Jan 08, 2025
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An Ontario court has awarded a worker eight months’ pay in lieu of notice – after four years of employment – plus $175,000 in general and aggravated damages for wrongful dismissal, workplace sexual harassment and assault, and her employer’s failure to provide a safe working environment.
The worker was hired in 2014 by Syra Group Holdings, a property management and ownership company, to be a superintendent at an apartment buildingsin Mississauga, Ont.
The worker was provided with a rent-free apartment and she reported directly to the property manager. She also had a “with cause” termination provision in her contract that listed 11 categories of conduct that could meet the standard of “wilful misconduct” allowing dismissal for cause without statutory minimum notice.
In 2016, the worker became the superintendent of an apartment building at 34 Dixington Avenue in the Etobicoke area of Toronto, shortly after the company purchased the building. The previous superintendent continued to live at the property, as did her two sons – one of whom had applied for the superintendent position.
In June 2016, one of the sons walked past the office while the worker was inside and brandished a hammer. Later, he shouted at her from his balcony that he would bash her head in with the hammer.
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