PM41261516
B.C. employee can't sell
constructive dismissal
argument PG.4
Sales rep accused colleague
of going behind her back
BY JEFFREY R. SMITH
A BRITISH Columbia municipality's refusal to rehire
a former employee was not retaliation for a human
rights complaint, the B.C. Human Rights Tribunal
has found.
Jessica Wallis worked in the Hall and Recreation
Department of the Town of Comox, B.C., starting in
September 2009.
In July 2016, Wallis filed a discrimination com-
plaint claiming that she faced discrimination in her
employment based on a mental disability. The pro-
cess before the B.C. Human Rights Tribunal stretched
out for more than two years.
On April 16, 2018, Wallis emailed the town's recre-
ation director to ask for a meeting to discuss the pos-
sibility of her teaching fitness classes. Her discrimina-
tion complaint was still ongoing at the time.
The recreation director said that he would look
into the options for fitness instruction but that he
didn't think it would be a good idea to meet at that
time. He stated in his email that "I don't want to prej-
udice or inform the action you have against the town
Sudden pay cut, dismissal leads to
aggravated and punitive damages
Ontario company cut pay, tried to change employment relationship
and then fired employee — all without reasonable notice
BY JEFFREY R. SMITH
AN ONTARIO company must pay nearly
$150,000 to a former employee of five years
after it tried unilaterally to reduce her pay and
change the employment relationship before
firing her without notice.
Dr. Adrienne Halupa, 45, was hired by SAGE
Medica — a Toronto-based medical com-
munications agency serving health-care and
pharmaceutical customers — in March 2014
to provide medical communications services.
Three years later, she became the head of SAGE
Medica's medical writing department, super-
vising a team of 12 medical writers.
In April 2018, SAGE Medica's owner and
director, Paul Borlinha, incorporated another
May 20, 2020
Making a cellphone policy stick PG.3
Quebec arbitration decision indicates employers
can fully ban cellphones from the workplace
where there are security and safety concerns
JOB DUTIES on page 6 »
CREDIT:
TAKASUU
iSTOCK
TOWN on page 7 »
with Stuart Rudner
Ask an Expert PG. 2
Employee silent on significant
change to job duties
Employment record, not retaliation,
reason for refusal to rehire worker
B.C. worker's inquiry about position came during active human rights
complaint; town wasn't recruiting and didn't feel worker was a good fit
