While there is no tort of harassment, an employer’s mishandling of workplace harassment may increase damages for related torts and dismissal. The plaintiff was a long-time employee of the defendant company. She complained that she was sexually harassed by another employee and that employee was dismissed from the company. Several years later, the perpetrator was invited back to the company in the role of vice president. The plaintiff was distressed and was not able to return to work. She was subsequently diagnosed with PTSD. The plaintiff commenced legal action against her employer for constructive dismissal and the tort of intentional infliction of mental distress. At trial, the plaintiff’s claim for intentional infliction of mental distress failed and she was successful in her claim for constructive dismissal. The plaintiff was awarded additional damages for the employer’s treatment of her was grossly unfair and unduly insensitive. The decision was upheld on appeal.
