View cases - Stewart McKelvey

Page: 8[31] As Manager of National Accounts, Mr. Chandran would report to Ms. Linda Smart, towhom he had previously reported. He testified that he had a good working relationship with Ms.Smart, that she showed him respect and that she valued him as an employee. Ms. Kenney andMr. Flowers testified that in February 2007 Ms. Smart was a level 8 employee and at the time ofthe transfer she earned $120,000.00 per year (over $20,000.00 more than Mr. Chandran’s salary).There could therefore be no serious loss of prestige in this reporting relationship. There ishowever, no evidence that Mr. Chandran was aware of these facts.(b) Compensation[32] It is argued that in both positions, Mr. Chandran’s salary and benefits would be the samefor fourteen months and he would have continued to be eligible for regular salary increases. Mr.Chandran’s target bonus would also remain at 17% for 14 months.2011 ONSC 777 (CanLII)[33] The evidence was that if Mr. Chandran accepted the Manager of National Accounts role,his position level would have decreased from level 7 to level 6 after 14 months. The Bank notesthat this would have had no impact on his salary and would only have reduced his target bonusfrom 17% to 15%. Such a small reduction in a target bonus, it is submitted, is not a fundamentalchange to Mr. Chandran’s terms of employment. Mr. Chandran submits that this job would onlyprotect his salary for a period of fourteen months at a G7 level and then would revert to theproper job rating of G6.(c) Grade Level[34] The Bank submits that had Mr. Chandran accepted the position of Manager of BusinessDevelopment/Special Projects role, his position level would have been re-evaluated after 14months. Mr. Flowers testified that he believed this position was a level 7, but that humanresources required him to do a re-evaluation in 14 months. He stated that he would haverecommended that Mr. Chandran remain at level 7, and that he was unaware of any circumstancewhere the Bank did not accept a Vice-President’s recommendation. Consequently, the Banktherefore submits that Mr. Chandran’s grade would be the same had he accepted the Manager ofBusiness Development/Special Projects position. There is, however, no evidence that Mr.Flowers told Mr. Chandran about his intentions, or that there was any guarantee that hisrecommendations to the Bank would be followed.[35] In both positions the Bank points out that Mr. Chandran would continue working incommercial credit. As Manager of National Accounts Mr. Chandran would be working onlarger, more complex commercial credit deals. As Manager of Business Development/SpecialProjects, Mr. Chandran would develop commercial credit deals in the downtown Toronto marketfor businesses.[36] The Manager of Business Development/Special Projects job was a new position whichwas being created. No job description was provided.