Piresferreira v. Ayotte
Constructive Dismissal: Employer Liability for Supervisor Harassment and Assault
Summary
A constructive dismissal case where the plaintiff alleged that the employer failed to address verbal abuse and physical assault by a supervisor, leading to a repudiation of the employment relationship. The court determined that constructive dismissal was established and considered the reasonable notice period based on Bardal factors. The case also addressed vicarious liability for the supervisor’s actions and the employer’s duty to provide a safe workplace.
Outcome
Constructive dismissal established; employer found vicariously liable for supervisor’s actions; damages awarded for loss of companionship.
Award
Damages awarded for significant loss of guidance, care, and companionship caused by tortious conduct.
Key Factors
- constructive dismissal
- workplace harassment
- vicarious liability
- employer’s duty to provide safe workplace
- Bardal factors
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