The appellants appealed a trial judgment awarding moral damages of $60,000 for breach of the implied contractual obligation of good faith in the manner of dismissal, along with general damages of ten months' salary in lieu of notice and $25,000 for sexual harassment under the Human Rights Code.
The appellants contended the moral damages award should be reduced to $20,000, arguing the trial judge considered irrelevant factors and that the award duplicated the sexual harassment damages.
The Court of Appeal dismissed the appeal, finding the trial judge properly considered the manner of dismissal holistically, including pre- and post-termination conduct that constituted bad faith.
The court held that moral damages and Human Rights Code damages serve different purposes and do not constitute double recovery.
