View cases - Stewart McKelvey

- 31 -expense accounts which contained duplicate items. The court found that the employee hadbeen wrongfully dismissed, accepting the employee’s explanation that the duplicates weresubmitted in error. The trial judge also held that the manner in which CPR dismissed him wasunduly insensitive and unfair. The trial judge accepted the plaintiff’s evidence of mentaldistress though it was unsupported by any medical reports. Following is an excerpt from thejudge’s decision (at para. 101 and 102):2011 SKQB 318 (CanLII)101 At trial, when asked how he felt after his dismissal, Mr. Chapell stated: “I didn'tget out of bed for I guess about three weeks. I was depressed.” I accept thisevidence. I find Mr. Chapell is a stoic individual for whom these manifestationswould be indicative of mental distress. The Defendant submitted in oral argumentthat for an employee to receive bad faith damages post-Honda Canada that theemployee must tender evidence beyond his own testimony that the mental distresssuffered went beyond the normal hurt feelings associated with the loss ofemployment. Based on the authorities provided by the Defendant to support thatproposition I agree that further evidence, for example medical reports, would be afactor to consider, however, it is not required. For example, in Simmons v. Webb(2008), 54 B.L.R. (4th) 197 (Ont. S.C.J.), bad faith damages on the principlesenunciated in Honda Canada were awarded seemingly without reliance on evidencebeyond that of the plaintiff employee. I find that there is sufficient evidence onwhich to conclude that Mr. Chapell’s distress went beyond the normal hurt feelingsassociated with dismissal and should be awarded bad faith damages.102 In the case of Simmons, a 20 year employee was abruptly fired by a letter whichinformed him of his termination and bluntly directed him to immediately remove hispersonal effects from the premises. The employer refused to return property of greatsentimental value to the employee. The Court found that the actions of the employerwere insensitive, and lacked courtesy, respect and compassion. Failing to return thetreasured property was mean-spirited, petty and insensitive. I find that thecircumstances under which Mr. Chapell was dismissed should garner bad faithdamages in the same range as the court ordered in Simmons. CPR, in the manner inwhich it dismissed Mr. Chapell, humiliated him after a long and successful career,devaluing his contribution to the company and his self-worth through aninvestigation focussed on case building against him that led to his unwarranteddismissal for cause. The utter humiliation that Mr. Chapell had to have experiencedboth directly and indirectly is similar to the behaviour that the employee in Simmonsexperienced.