Silvera v Olympia Jewellery Corporation
Workplace Harassment and Wrongful Dismissal: Employer Liable for Damages
Summary
A wrongful dismissal case where an employee was dismissed after reporting workplace harassment and sexual assault. The court found the employer liable for wrongful dismissal and awarded damages, including aggravated and punitive damages. The case also involved sexual assault and racial harassment claims, with the employer found vicariously liable. The court also awarded damages under the Human Rights Code and the Family Law Act.
Outcome
plaintiff awarded damages
Award
damages awarded for wrongful dismissal, including aggravated and punitive damages, pain and suffering, and loss of care, guidance, and companionship
Key Factors
- wrongful dismissal
- sexual harassment
- racial harassment
- employer liability
- Human Rights Code violations
Related Cases
Mittal v. Department of National Defence
2025 ONSC 7256 (CanLII) · 2025-12-30Workplace Harassment and Negligence: Claims Struck and Amendments Denied
A motion to strike claims related to workplace harassment and negligence in the federal public sector, as these are considered employment disputes under the grievance regime. The court also denied leave to amend the claims and dismissed a request for discovery, rendering the motion moot.
Jean-Marie Dixon v. The King (Ontario)
2025 ONSC 5828 (CanLII) · 2025-10-17Systemic Racism and Misogynoir in the Workplace: Legal Challenges
A court case involving systemic racism and misogynoir claims in the workplace. The court addressed jurisdiction, workplace safety, civil procedure, and human rights law in relation to these claims. The court found that systemic discrimination claims may fall outside the scope of arbitration agreements and human rights law, and recognized the potential for a novel tort but required further evidence.
Khanom v. Idealogic PDS Inc.
2024 ONSC 5131 (CanLII) · 2024-09-16Workplace Discrimination: Prima Facie Case and Reasonable Notice
A case involving the burden of proof and elements of a prima facie case under the Human Rights Code of Ontario, specifically regarding reasonable notice and duty to accommodate.
Stride v. Syra Group et al.
2024 ONSC 2169 (CanLII) · 2024-04-24Discrimination Case: Harassment Based on Disability
A discrimination case involving harassment based on disability, where the court will determine vicarious liability for the employer. The procedural posture is not specified in the keywords.
Osmani v. Universal Structural Restorations Ltd.
2022 ONSC 6979 (CanLII) · 2022-12-09Constructive Dismissal and Workplace Harassment: Damages Awarded
A constructive dismissal case where an employee resigned due to an abusive workplace environment, including harassment and unsafe conditions. The court found the employer failed to address these issues, leading to damages for wrongful dismissal, including aggravated and punitive damages. The case also involved battery and assault claims, human rights violations, and unpaid wages. The human trafficking claim was dismissed.
This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.