Introduction
In a pivotal Ontario Court of Appeal decision, Ms. Boucher, a former assistant manager at a Walmart store in Windsor, successfully challenged her constructive dismissal and workplace mistreatment. This case highlights the profound legal consequences of workplace harassment and reinforces the protections available to employees under Ontario law.
Background of the Case
Ms. Boucher was employed by Walmart Canada Corp. as an assistant manager in its Windsor, Ontario location. Over time, she became the target of persistent verbal abuse and humiliation by her store manager, including derogatory comments and public belittlement. Despite repeatedly reporting the abusive behavior, Walmart failed to intervene or address her complaints.
Feeling unsupported and unable to continue in the hostile work environment, Ms. Boucher resigned. She later filed a lawsuit against Walmart and her store manager, alleging constructive dismissal, the intentional infliction of mental suffering, and workplace harassment.
Legal Issues
The case raised significant legal questions:
- Constructive Dismissal: Whether the abusive work environment amounted to a fundamental breach of the employment contract, justifying Ms. Boucher’s resignation.
- Intentional Infliction of Mental Suffering: Whether the store manager’s conduct met the legal threshold for this tort.
- Punitive Damages: Whether Walmart’s failure to address the misconduct warranted punitive damages, and if so, to what extent.
Outcome and Key Lessons
The Ontario Court of Appeal upheld the trial court’s findings of constructive dismissal and intentional infliction of mental suffering. Ms. Boucher was awarded:
- General Damages: $200,000 for constructive dismissal and mental suffering.
- Punitive Damages: $100,000 against Wal-Mart and $10,000 against the store manager to deter similar conduct.
Lessons for Employees:
- Workplace Harassment Can Justify Resignation: Employees facing abusive work environments may have grounds for constructive dismissal if the conditions render continued employment intolerable.
- Legal Protections Are Robust: This case demonstrates that Ontario law provides remedies for employees subjected to severe workplace harassment.
Regional Relevance
This Windsor, Ontario based case highlights the importance of enforcing respectful workplace standards in Ontario’s workplaces. It reinforces the duty of employers to investigate and address employee complaints promptly, particularly in smaller or tightly knit regional communities where professional reputations are closely tied to personal standing.
Next Steps
If you are experiencing workplace harassment or believe you’ve been wrongfully dismissed in Windsor or anywhere in Ontario, contact Terminated Law for a free consultation. Visit https://terminated.law to learn more about your rights and how we can help.
Citation
Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII), <https://canlii.ca/t/g6xvb>
