Maria Esmatyar

The plaintiff, a 73-year-old administrative assistant with 19 years of service, brought a motion for default judgment against her former employer for wrongful dismissal, assault and battery, intentional infliction of mental suffering, aggravated damages, and punitive damages.

The plaintiff was dismissed after complaining about harassment and an alleged assault by a co-worker.

The court awarded 19 months' salary in lieu of notice, statutory benefits, $15,000 for vicarious liability for assault and battery, and $50,000 for aggravated damages due to the employer's neglect in addressing the complaints.

Claims for intentional infliction of mental suffering and punitive damages were dismissed as the high thresholds for these torts were not met.

The plaintiffs, long-time kitchen cabinet delivery and installation workers who had been reclassified from employees to purported independent contractors in 1987, sought damages after termination without notice.

The court held that the relationship fell within the intermediate category of dependant contractors, emphasizing the plaintiffs’ near exclusivity, the defendant’s effective control, the integration of their work into the defendant’s business, and the absence of any real entrepreneurial opportunity.

Having regard to their long prior service and the overall relationship, the court awarded 26 months’ reasonable notice damages.

The action against one incorrectly named corporate defendant was dismissed without costs.