Worker overestimates changes to position

Conflict with co-worker, manager’s refusal to make worker’s suggestions company policy not repudiations of employment contract: Court
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 03/06/2019

A British Columbia worker has lost his constructive dismissal claim that stemmed from his employer’s refusal to adopt his suggestions into company policy and conflict with a co-worker.

Reza Baraty, 70, was hired by Wellons Canada — a manufacturer and supplier of wood and gas-powered systems and equipment for the lumber and oil sands fields based in Surrey, B.C. — in October 2012 to be the company’s chief estimator.

The chief estimator position was involved in preparing estimates for projects and at the time Baraty was hired, the estimating department had one chief estimator and one estimator. All estimates by each were reviewed by the other — a process called “counterchecking.” It was a collaborative environment, though Baraty as the chief estimator was responsible for assigning new estimates received from the sales department. He also had to monitor workflows and schedule vacations for department staff, though most of the job involved doing estimates.