THUNDER BAY -- A former Tbaytel employee is going back to court after successfully suing the company for constructive dismissal.
In a ruling last month, a Superior Court justice awarded Linda Colistro $114,000.
Colistro, after working at Tbaytel for nearly 20 years, left the workplace in distress in 2007 when the company rehired a former supervisor alleged to have sexually harassed her.
Justice John Fregeau characterized Tbaytel's treatment of her as unfair and insensitive, saying management had hoped to put her concerns about the hiring to rest "by shuffling her to another building. This decision minimized and invalidated the sexual harassment complaints" she had made previously.
The judge concluded that the return of the ex-supervisor to the workplace resulted in Colistro suffering a visible and provable illness.
He dismissed her claim for compensation for the intentional infliction of mental suffering, saying the evidence had not established that Tbaytel's conduct was calculated to produce harm or that the company knew that its conduct would precipitate PTSD and depression.
However, anticipating a possible appeal, Judge Fregeau also determined that "should liability ultimately be found" for intentional infliction of mental distress, Colistro should be entitled to an additional $573,000 in general damages and for past and future economic loss.
On Tuesday, Colistro's lawyer Michael Cupello confirmed to Tbnewswatch in an email that an appeal has been launched "for various relief; the main one being for the tort of intentional infliction of mental distress."
After the award last month, a statement from Tbaytel said the company believed the court "took a measured approach" to reaching a decision.
