Martin Sheard was successful counsel on this case.
Find the full Reasons for Judgment here.
$106,250 in damages were awarded to Mr. Piron, as well as interest and costs.
Our client was a senior supervisor in a masonry company employing roughly 100 people. He had negotiated bonuses in the past based on the value of the work he did on a given project. Eventually his superior told him to stop asking about these bonuses, leaving the following voice mail, which was cited by the Honourable Mr. Justice Grist in his reasons:
“Morning Jamie its John here, its about 8 o’clock on Monday morning. Yeah I read part of your email last night, didn’t read the whole thing but anyway, um, pretty much had enough of this whole thing, so if you do want to work for me, then why don’t you come and see me tomorrow morning I’ll be at my Dawson office till about 8 o’clock okay? If not, that’s fine, um I’ll just assume then that you found something else and uh we’ll move on. Ok? Cause I’m tired of all this bull shit listening to Eric, you, Lisa, no more … anyway, that’s the way it is, if uh that works for you that’s good if not that’s okay too. Okay? Thanks man.”
Mr. Piron’s supervisor had not in fact read the email. Nonetheless, the employer’s subsequent actions demonstrated that they would not discuss bonuses any more.
Justice Grist found that this amounted to a constructive dismissal.
Further, Grist, J. found that the employer’s conduct, including in part the voice mail referred to above, amounted to an unreasonable working relationship, and accordingly, Mr. Piron had no obligation to continue working in the circumstances, but instead was entitled to damages.