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Motion for leave to appeal dismissed with costs fixed at $5,000.
The moving party brought a motion for leave to appeal an order dated February 10, 2021.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the respondent in the fixed amount of $5,000.
Rehiring an employee's former harasser constituted constructive dismissal but not intentional infliction of mental suffering.
A long-time valued employee brought an action for damages for intentional infliction of mental suffering and wrongful dismissal after her employer rehired an executive who had been dismissed 11 years earlier partly because he had sexually harassed the plaintiff.
The trial judge found the plaintiff was constructively dismissed and awarded damages equal to 12 months' pay in lieu of notice plus $100,000 in Honda damages, but dismissed the intentional infliction of mental suffering claim.
On appeal, the Court of Appeal upheld the constructive dismissal finding and Honda damages award, but dismissed the appeal of the intentional infliction of mental suffering claim.
The court held that while the employer's conduct was flagrant and outrageous and resulted in visible and provable illness, the plaintiff failed to establish that the employer knew serious psychological injury was substantially certain to follow from its rehiring decision and offer of accommodation.
