What is a Poisoned Workplace?

What is a poisoned workplace under Ontario law? A recent case from the Court of Appeal for Ontario, General Motors of Canada Limited v. Johnson, 2013 ONCA 502, in which a worker's claim for damages for constructive dismissal following allegations of a poisoned work environment was dismissed, provides a good reminder for the legal elements of such a definition.

Was Clark Griswold Constructively Dismissed?

Here is a Christmas question: Was Clark Griswold constructively dismissed by his employer in National Lampoon’s Christmas Vacation? Watching the movie I was struck by two things: (1) how and why did I ever find this movie funny; and (2) this is a movie about constructive dismissal!

Former Walmart Employee Awarded $1.5 Million for Mistreatment

This week an Ontario jury ordered Walmart to pay nearly $1.5 million dollars to a former Windsor, Ontario-store employee who claimed that she was subjected to profane and insulting mental abuse over six-month period by her 32-year old store manager.

Employee Fired by Mistake had Duty to Return

“Baby come back, you can blame it all on me. I was wrong, and I just can't live without you.” Player in their 1977 hit “Baby come back.”

“In all seriousness however, what if an employer was fired by mistake? Could that employee still sue for wrongful dismissal?

Incredibly, that was the question that the Honourable Justice Richard Lococo was called upon to answer in the case of Chevalier v. Active Tire & Auto Centre Inc., 2012 ONSC 4309 (CanLII).

Being Reasonable about Constructive Dismissal

Should I stay or should I go? Without question, the single most difficult case that walks through my door is that of harassment or bullying by managers. This post will focus on general hostile working environments. Working environments that are toxic by reason of violations of the Human Rights Code are treated differently.

The fact scenario most commonly presented is that of the employee who simply cannot take any more from his or her manager and/or subordinates. Pulled in a hundred different directions, often with no support from above, the worker’s well-being starts to suffer.

What is an employee, faced with this situation of unbearable stress, to do?

Employee Should Have Taken Test Drive

Car dealerships have no shortage of gimmicks to get potential buyers to take a ‘test drive.’  The sales theory goes that if someone tries a car, he is more likely to buy it.  “There is no harm in testing it out,” the dealer will claim.  A recent Ontario Superior Court ruling concerning a car dealership parts and service manager’s constructive dismissal case appears to confirm that as much might be true.

 

In reasons released June 15, 2012, Ghanny v 498326 Ontario Limited, 2012 ONSC 3276, the Honourable Justice Edward Belobaba held that an employee that refused a similar job at the same rate of pay had failed to mitigate his damages with the result being that his wrongful/constructive dismissal claim was dismissed and he was ordered to pay costs of $15,000 to his employer.

No Changes Without Consideration

Can an employer simply change the terms of an employee's working conditions or contract whenever and however it chooses?

In a decision from the Ontario Superior Court of Justice, the Honourable Justice Mary Sanderson confirmed that Ontario courts will not enforce changes to an employee’s employment contract unless employers provide the employee with either: (a) notice of the changes; or (b) "consideration".

Resignation Letters Not Always Determinative

“You can’t fire me, I quit!”  is a common movie refrain and one that many employees have probably repeated – at least in their own heads.  But what about the reverse?  Can one claim that he has not quit, but rather was fired – even if he has tendered a letter of resignation?

That question was at the heart of the recent decision of the British Columbia Supreme Court case in Chan v. Dencan Restaurants Inc., 2011 BCSC 1439.

That’s How One Makes Fundamental Changes!

In an earlier post I commented on the case of Chandran v. National Bank, 2012 ONCA 205.  In that post I commented that, “the bank’s more tactical move should have been to terminate Mr. Chandran’s employment as a senior manager - on appropriate notice - and then offered him the alternative positions within the bank.  Had proper notice been provided, the bank may have removed the possibility of a suit and its related costs.”

In making that comment I was employing the analysis set out in the Ontario Court of Appeal’s decision in Wronko v. Western Inventory Service Ltd., 2008 ONCA 327.  A recent case from the Ontario Divisional Court, Kafka v.Allstate Insurance Company of Canada, 2012 ONSC 1035 would appear to affirm that position.

Taking the Managing out of a Problematic Manager

The recent Ontario Court of Appeal case of Chandran v. National Bank, 2012 ONCA 205, highlights some of the considerations an employer must make when deciding to change the fundamental aspects of an employee's job – even when those changes are demonstrably required.  The failure to properly follow the correct procedures can result in an employee's successful claim for constructive dismissal.