Employment Law A4
Assignment 4 Termination
Questions
1. Is there any basis upon which Brown can make a claim against Whitney? Explain the nature of any possible claim and the remedies that she would seek. Note that in this question you are asked for the position Brown would be taking. Do not deal with what she might be awarded -- that is considered in question 2.
The claim that Brown can make against Whitney is that she was constructively dismissed due to an untenable work environment created by her supervisor Carding. The basis of Brown claim would be that the employer failed to eliminate bullying which in turn terminated the employment relationship.
The test that would need to be applied to this circumstance regarding constructive dismissal is whether the conditions or in this case the conduct of the supervisor is such that a reasonable person in the same circumstance would not be able to persevere in the employment, given that Carding was in a manager position and Brown had made many mistakes the question remains as to how far a supervisor can go in regards to reprimanding an employee for mistakes made.
Workplace harassment in specific bullying includes acts of “rude, demeaning, abusive and intimidating conduct directed against an employee that goes beyond a mere personality clash.” (Filsinger, p 415). As such employers have an implied duty to maintain a safe work environment and a duty to “treat employees with civility and respect”, (Filsinger, p 414). Carding’s behaviour towards Brown’s was demeaning, demoralizing, abusive and intimidating. By applying the test it would be found that no employee could have endured such behaviour from a manager, and that Carding actions went far beyond simple reprimand for mistakes made and was done with the intention to humiliate and abuse her.
Given the unsafe work environment she was put in the remedies that she would be seeking include: Salary (reasonable notice), bonuses, benefits, aggravated damages for mental distress
Questions
1. Is there any basis upon which Brown can make a claim against Whitney? Explain the nature of any possible claim and the remedies that she would seek. Note that in this question you are asked for the position Brown would be taking. Do not deal with what she might be awarded -- that is considered in question 2.
The claim that Brown can make against Whitney is that she was constructively dismissed due to an untenable work environment created by her supervisor Carding. The basis of Brown claim would be that the employer failed to eliminate bullying which in turn terminated the employment relationship.
The test that would need to be applied to this circumstance regarding constructive dismissal is whether the conditions or in this case the conduct of the supervisor is such that a reasonable person in the same circumstance would not be able to persevere in the employment, given that Carding was in a manager position and Brown had made many mistakes the question remains as to how far a supervisor can go in regards to reprimanding an employee for mistakes made.
Workplace harassment in specific bullying includes acts of “rude, demeaning, abusive and intimidating conduct directed against an employee that goes beyond a mere personality clash.” (Filsinger, p 415). As such employers have an implied duty to maintain a safe work environment and a duty to “treat employees with civility and respect”, (Filsinger, p 414). Carding’s behaviour towards Brown’s was demeaning, demoralizing, abusive and intimidating. By applying the test it would be found that no employee could have endured such behaviour from a manager, and that Carding actions went far beyond simple reprimand for mistakes made and was done with the intention to humiliate and abuse her.
Given the unsafe work environment she was put in the remedies that she would be seeking include: Salary (reasonable notice), bonuses, benefits, aggravated damages for mental distress
Bibliography: http://www.bslsc.com/pages/news97.html Kenneth Krupat, Wrongful Dismissal – Employment Law, 2012 Morland v. Kenmara Inc., 2006 CanLII 4902 (ON SC), <http://canlii.ca/t/1mm2b> retrieved on 2013-04-01 Date: Pate Estate v. Galway-Cavendish and Harvey (Townships), 2011 ONSC 6620 (CanLII), <http://canlii.ca/t/fpvgz> retrieved on 2013-04-02