Independent medical review refused

Employer’s termination of disability benefits did not constitute constructive dismissal
|Canadian Employment Law Today

William McBride had worked for SNC-Lavalin Inc. (and its predecessor Fenco) since 1980. He worked as a surveyor and as a draftsman engaged in producing highway drawings. He reported to Mr. Green with whom he had few disputes. However in September 1997 Robert Kieley became Mr. McBride’s new manager and problems ensued, culminating in Mr. McBride taking stress leave in February 1999.

Prior to his departure, Mr. Green renovated Mr. McBride’s workstation and arranged it in a way that Mr. McBride considered inconvenient. Mr. Green also removed the phone from Mr. McBride’s desk, forcing Mr. McBride to share a phone with another technician. When he complained, he was told that this was a cost-saving measure. When Mr. Kieley arrived, Mr. McBride complained about both of these issues but to no avail.

In January 1998 Mr. McBride had a salary review, during which he was told that he would not be receiving a salary increase. Mr. McBride felt that he should be reclassified. It was agreed that the matter would be reviewed again in June. However in June he was told that he was not being reclassified and he would not get a raise.