Ontario Severance

M. v. Southgate (Township)

2021 ONSC 7000 (CanLII)Ontario Superior Court of JusticeDecided Workplace discrimination

Discriminatory Dismissal: Moral & Punitive Damages Awarded

Summary

This case addresses a wrongful dismissal involving a plaintiff terminated from dual roles as an administrative assistant and volunteer fire captain. The court examined whether the dismissal was accompanied by bad faith conduct, including the use of unfounded sexist allegations, and whether this violated the Ontario Human Rights Code. The decision covers reasonable notice, moral damages for mental distress, and punitive damages for the employer's discriminatory and high-handed behavior.

Outcome

Damages awarded for reasonable notice, moral damages, and punitive damages

Award

Reasonable notice determined based on length of service, age, and availability of comparable employment; moral damages awarded for mental anguish and humiliation; damages awarded for injury to dignity, feelings, and self-respect under s. 46.1 of the Code; punitive damages awarded for employer's discriminatory conduct.

Key Factors

  • wrongful dismissal
  • gender-based discrimination
  • bad faith in dismissal
  • human rights violation
  • punitive damages

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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. 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.