Howard Levitt: Man who lost testicle from getting hit by supervisor awarded more than $295,000

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Howard Levitt: Man who lost testicle from getting hit by supervisor awarded more than $295,000
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A case of a man subject to physical and verbal abuse at work is one of the worst cases of mistreatment these lawyers have ever seen. Read on.

In the recent Ontario Superior Court decision of Osmani vs. Universal Structural Restorations Ltd., the employer paid a price which was staggering.

Adding insult to this actual injury, when Osmani complained that he was having marital problems as a result, the supervisor advised: “I can help, bring by your wife.” USRL was liable for: $4,364 for four months’ severance for wrongful dismissal; $100,000 for battery; $25,000 for punitive damages against the supervisor personally; $10,000 for assault; $50,000 for human rights damages; $5,794 in unpaid wages; $75,000 for moral damages; and $25,000 in punitive damages.Article content

What about the permanent mental and physical damage that Osmani experienced? When employers choose to keep bad actors in the workplace, they end up paying, one way or another.In health and safety legislation across Canada, employers have a duty to maintain not only a safe working environment for their employees, but to investigate any complaints of harassment. In the Osmani case, Osmani’s complaints were met with comments such as “send him back,” implying he would be deported.

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