Everything is still on the table — accountability, redemption, retribution and the role, if any, of forgiveness in assessing how to deal with claims of sexual harassment. New norms are being developed as we tackle and discuss subjects that for far too long never reached the light of day.
Colistro had worked with it for more than 20 years and along with others, had made a sexual harassment complaint against her immediate supervisor, Steve Benoit back in 1995. After investigating Benoit’s behaviour, his employment was terminated, in part because of the complaints. In Colistro’s case, though, the court sent a message that a company cannot prioritize its business interests over other considerations. Rehiring Mr. Benoit had a devastating impact on the mental health and well-being of Colistro, making her work environment intolerable. As such, the court ruled that she had been constructively dismissed.Ontario’s Rules of Civil Procedure encourage the timely settlements of disputes.
The court of appeal upheld the costs awarded by the trial judge to maintain the status quo of encouraging dispute resolution.