Canadian Employment Law Today | 3
Canadian HR Reporter, a Thomson Reuters business 2017
Cases and Trends
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
AN ONTARIO employee's claims of con-
structive dismissal and harassment dam-
ages based on perceived slights and disen-
chantment has been stymied by the Ontario
Superior Court of Justice.
Michael Lemesani, 56, was hired by Low-
erys, a retailer selling stationery supplies, of-
fice furniture, copiers and computers in Fort
Frances, Ont., in June 1996 to be a salesper-
son. He started on a three-month probation-
ary period, after which his health benefits
kicked in under his employment contract.
After six months of employment, Low-
erys conducted a performance review.
Lemesani's compensation was restructured
from salary-only to a combination of salary
and commission. He was also assigned spe-
cific accounts and territories that would be
his exclusively for most products except for
commercial copiers and contract furniture
projects.
In 2001, Lemesani's sales assignment was
changed and he began to sell office machines
such as copiers and printers. His salary and
bonus increased and he had a new manager.
His new employment contract provided for
Lemesani and Lowerys to each pay half of
the premiums for health, dental, and long-
term disability plans.
In the summer of 2010, Scott Christie —
who was also one of Lowerys' four owners
and the brother of Lemesani's manager, an-
other of the owners — asked Lemesani for
help building his new house. Lemesani had
experience has a general contractor, so he
agreed to lend his expertise but at an addi-
tional fee to his Lowerys pay.
Lemesani reviewed the plans, obtained
quotations for heating, plumbing and elec-
trical contractors and arranged for excava-
tion He also drew up the permits and super-
vised the foundation construction.
Lemesani gave Christie an invoice for
$5,000, but Christie accused him of taking
advantage of him. Lemesani was shocked
and said he wouldn't build the house, but re-
duced the invoice to $1,400. However, Chris-
tie said he wouldn't pay more than $700 and
if Lemesani refused to accept that amount,
his employment would be in jeopardy.
Afterwards, Lemesani said Christie treat-
ed him poorly at work and others in the office
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