Bad relations with co-workers and managers not constructive dismissal

Worker had to go off work due to anxiety and stress but crumbling relationships with managers, co-workers not harassment
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 07/19/2017

An Ontario employee’s claims of constructive dismissal and harassment damages based on perceived slights and disenchantment has been stymied by the Ontario Superior Court of Justice.

Michael Lemesani, 56, was hired by Lowerys, a retailer selling stationery supplies, office furniture, copiers and computers in Fort Frances, Ont., in June 1996 to be a salesperson. He started on a three-month probationary period, after which his health benefits kicked in under his employment contract.

After six months of employment, Lowerys conducted a performance review. Lemesani’s compensation was restructured from salary-only to a combination of salary and commission. He was also assigned specific accounts and territories that would be his exclusively for most products except for commercial copiers and contract furniture projects.