Worker claimed new bosses campaigned to get him out, created toxic work environment
“If an employer has a long-term employee who's over the age of 50 or 60, it should be very mindful about that employment relationship because they're part of why the company is successful. But also, if a court or tribunal thinks that the employer mishandled this employee's termination or sick leave in any way, the employer could be liable for extraordinary damages.”
So says Charles Millar, an employment lawyer at Achkar Law in Toronto, after an Ontario court found that a long-term employee was constructively dismissed after changes in the workplace and his treatment created a hostile work environment.
The worker was employed with the Kingston Area Taxi Licensing Commission (KATLC) in Kingston, Ont., since 2002. He eventually became a taxi inspector, general manager, and municipal enforcement officer.
Throughout his tenure, the worker received positive feedback on his performance. He was eventually given authority to run the day-to-day operations. His duties usually required him to be on the road, with his cellphone number readily available in the office.
In December 2019, there was a change in the KATLC board leadership and the new chair and vice-chair started treating the worker differently. At a board meeting, a regular attendee noticed they were criticizing the worker openly and belittling him. Another board member told the worker that the new chair wanted to get him fired.
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