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https://financialpost.com/fp-work/lost-testicle-supervisor-hit-worst-workplace-mistreatment-display

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

Rezart Osmani, a 48-year-old foreign worker from Albania, worked for USRL for only 14 months. But in that time, he was victim to some of the worst treatment we have seen, as detailed in the judges ruling in the case. His supervisor constantly used racial slurs toward him. Osmani was threatened with deportation if he questioned his assigned tasks. When he was hurt on the job site, his supervisor interfered with his Workplace Safety and Insurance Board (WSIB) claim, demanding that he not file a claim in order to save the employer money. Osmani felt obliged.

Worst of all, the supervisor hit Osmani in the testicles in front of all his co-workers with all of his might, doing so much damage that he later had to have the testicle removed.

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.

At that point, Osmani was done with USRL and claimed constructive dismissal. He sued both USRL for constructive dismissal and the supervisor for punitive damages, battery, and assault, among other things.

Osmani claimed that USRL was vicariously liable for the supervisors actions. The judge agreed and ruled in Osmanis favour, awarding him an unprecedented amount.

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.

The supervisor was responsible for only $25,000 of this grand total of $295,158, but if the supervisor proves unable to pay that amount, it can be collected from the employer as well.