Burnaby baker keeps $40,000 for wrongful dismissal after employer’s appeal fails
A Burnaby cafe has lost an appeal of a B.C. court decision that awarded $40,000 in damages to an employee who was fired for sexual harassment.
Cho was terminated without notice, prompting him to sue the cafe for wrongful dismissal in B.C. Supreme Court. At trial, Cho said he was just explaining to the employee where he had received a recent massage. The cafe argued it had just cause for the termination as Cho had sexually harassed an employee.
The lower court judge ruled the touches were “entirely inappropriate” and constituted sexual harassment, but ultimately found the misconduct was “not sufficient to justify termination.”
In awarding aggravated and punitive damages, the judge cited that the cafe had refused to issue a record of employment to Cho unless he signed a “self-incriminating affidavit” that made it appear as if he was a “dangerous sexual offender.”