Question
David was a machine operator in a cheese factory. After confiding in a colleague that he had had a brief affair with his supervisor's ex-wife,
David was a machine operator in a cheese factory. After confiding in a colleague that he had had a brief affair with his supervisor's ex-wife, several workers began picking on him by making negative comments. This lasted over two years. Despite numerous complaints to his supervisor, who witnessed some of these insults, nothing was done. Despite the employers non-tolerance harassment policy, when the employers HR department became aware of David's allegations, it did not ask who the perpetrators were or gather facts about the specific allegations. It accepted the supervisor's view that it was not a serious problem. After his lawyer's office to the employer to meet to discuss the matter further was rejected, David filed a lawsuit alleging constructive dismissal, based on the employer's failure to provide a harassment-free environment. Does David have a case? Would David win or lose his case? Support your answer.
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