An employer’s response to workplace complaints can become an important part of an employment dispute.

In Boucher, an assistant manager experienced repeated humiliation and mistreatment by her supervisor. She complained through the employer’s processes, but the employer failed to address the conduct adequately and threatened consequences for making complaints it considered unsubstantiated.

She resigned and pursued claims against the employer and supervisor.

The Court of Appeal upheld significant compensatory awards, including $100,000 against the supervisor for intentional infliction of mental suffering and $200,000 in aggravated damages against the employer. It reduced the punitive awards to $10,000 against the supervisor and $100,000 against the employer.

The majority distinguished the supervisor’s misconduct from the employer’s own handling of the complaints and constructive dismissal.

The case involved serious, proven conduct and resulting harm. It does not establish that every workplace disagreement or disappointing investigation attracts comparable damages.

What this could look like in practice

Imagine repeatedly reporting demeaning treatment and receiving a warning that further complaints could jeopardize your job.

A useful chronology would identify the incidents, witnesses, complaints submitted, responses received, and any effect on your health or work. Preserve the actual correspondence rather than relying only on a later summary.

For an employer reviewing a complaint, keeping a clear record of the allegations, evidence considered, and response would help explain what was done.

The takeaway

Workplace policies matter, but their implementation also matters. A focused assessment examines both the underlying conduct and the employer’s response, together with evidence of any resulting harm.

Contact JY Law to discuss your circumstances and how we may assist you.

This information is provided for general educational purposes only and does not constitute legal advice. The example is hypothetical. Your rights depend on the facts and current law. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.