Mental stress damages don’t require ‘separate actionable wrong’: Court

Federal court overturns labour board decision that employee’s suspension was excessive but there needed to be a separate wrong to warrant aggravated damages
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 05/27/2015

A federal employee may be entitled to mental distress damages on top of a suspension revocation and compensation for lost pay after the employer failed to deal properly with a problem co-worker, the Federal Court has ruled.

Gisele Gatien worked as a public servant for the federal government for 35 years. In 1995, she became a manager of the federal workers’ compensation program, responsible for processing claims. She had a clean record with no discipline over her term of service.