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R.W.D.S.U. v. McKesson, Saskatchewan, Dec 15, 2010
Robert Birch worked in the Regina distribution centre of McKesson Canada a distributor of health care products. He had been employed with McKesson for 27 years when, in early 2009, he began having problems with a co-worker. The two employees had some verbal altercations and Birch brought the situation to his supervisor's attention, telling the supervisor there was "bad blood brewing." The supervisor told Birch he had spoken to the co-worker about it.
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Employee Constructively Dismissed Due To Harassment By His Coworkers, Ontario, Dec 22, 2010
The Ontario Superior Court of Justice has held that an employee was constructively dismissed from his employment after he endured months of harassment by his coworkers. In allowing the harassment to continue after the employee made a verbal complaint to his manager, the Court found that the employer breached its duty to the plaintiff to provide a work environment free of harassment. The plaintiff was awarded a 12 month notice period. This case reinforces the need to train members of management to identify situations of harassment and to take appropriate, timely steps in addressing such issues.
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Ontario Court of Appeal Closes Door on Claims of "Negligent Infliction of Mental Suffering", Nov 2010
The Ontario Court of Appeal has ruled that the tort of "negligent infliction of mental suffering"1 is not available in the employment context. This novel tort had become a common cause of action in wrongful dismissal actions and employees more frequently began to claim damages for "mental suffering" allegedly experienced during the course of their employment. The recent decision in Pieresferreira v Ayotte2 is explored in the full text.
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Mental Stress In The Workplace: Plesner v. British Columbia (Hydro And Power Authority), July 2, 2010
On January 16, 2003, a worker for the British Columbia Hydro and Power Authority, Mr. Peter Plesner, experienced an incident at his workplace. Mr. Plesner was at a training session when a natural gas pipeline that was located approximately 40 to 50 feet away from him ruptured. Mr. Plesner first heard and then later observed (purposively), the gas shooting from the rupture, and considered (at the time) that it was a dangerous situation and that an explosion was imminent.
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