Corporate Bullying (1999)
If I had taken the time I would have prepared an interesting article about the developments of law in this country since 1900. This would have seemed appropriate given the New Year that is upon us. What I have been doing instead is seeing people who have just been fired from their jobs.
I realize that companies have the right to organize their affairs and make corporate decisions regarding staffing. But, must companies dismiss people one week before Christmas? Could there be a worse time of the year to get fired? I don’t think so.
I am reminded of that wonderful line in the movie “Jerry McGuire” where Jerry says after being fired, “You know. There is such a thing as manners”. Perhaps there used to be but in some of the dismissal cases I have dealt with this year, that point seems to have been lost on certain companies.
Many times this year I have reviewed termination letters that failed to cite reasons for termination, leaving the employee confused and angry. Or the company alleges poor performance but never warned the employee beforehand. Or an employee will be fired five minutes before the end of his/her shift and then forced to leave the premises immediately without collecting personal belongings. Or they are escorted off the premises like an accused person is escorted by a police officer in and out of a courtroom.
Our courts have become less and less tolerant of this type of corporate bad manners. Thanks to the case of Wallace v. United Grain Growers, a 1997 Supreme Court of Canada decision, employment lawyers have ammunition where corporate “bullying” has taken place. The Wallace case ruled that an inappropriate manner of dismissal (callousness, insensitivity or bad faith on the employer’s part) might result in higher damages.
A recent Newfoundland case illustrates this point. The Court in Squires v. Corner Brook relied on the Wallace principles and awarded additional damages for what they called “bullying” tactics that were designed to deprive the employee of his rights. In Squires, the employer fired its employee alleging poor performance. The employer gave no warning or details of the alleged poor performance to the employee and did not provide him with an opportunity to defend himself against the allegations. The employer forced the employee to leave his job immediately. And most notably, the employer threatened to allege cause for termination if the employee did not accept the severance package and sign a release. The Court found that the company knew from the beginning or ought to have known that there was no just cause for the termination but they continued to maintain its threat of alleging just cause in order to exhort a settlement.
If you have been the victim of corporate bullying like that described above, do not hesitate to seek assistance from an employment lawyer. It is very clear that our courts agree with Jerry McGuire…. There is such a thing as manners.
