FAQ's Cases - Stewart McKelvey

[10] Sean McKay also testified on behalf of the applicant. He was employed byNorthwestern and TTC as a classroom instructor and in-cab instructor. He was neverasked to evaluate the applicant as a possible classroom instructor or cab instructor. Theapplicant claims that the failure of TTC to evaluate his potential for other jobs within theorganization demonstrates its desire to terminate him by any means. The injurysustained by the applicant, in his view, provided the means for TTC to improperlyterminate him.[11] John Beaudry testified on behalf of the respondent, TTC. He advised that TTChas 22 locations throughout Ontario. The business model of TTC involves having onemanager and one secretary. The company has a centralized management structure.2012 HRTO 1489 (CanLII)[12] He stated that the applicant was offered reduced pay for a different position inDecember, 2009. The company saw no benefit to continuing the applicant in theoperations manager position he occupied at the time because it was not in accordancewith its business model. The management of TTC’s Thunder Bay branch was to occurfrom Sudbury. The TTC branch in Thunder Bay had five employees in December, 2009,with the applicant as the operations manager in addition to three trainers and onesecretary. After the applicant’s employment was terminated, there were no otherpersons hired. The secretary went on maternity leave thereafter and she eventually wasreplaced with another person.[13] The TTC branch in Thunder Bay has three employees now, specifically a heavyequipment trainer, a truck trainer and an administrative/sales/trainer. Since one personhas to be listed as a campus manager, Dave Robinson has been designated such. Thetwo other trainers report to Debbie McConnell in Sudbury. Mr. Robinson reports to Ms.McConnell as well as to Megan Cunningham in sales and administration.[14] Mr. Beaudry testified that the decision to terminate the applicant was made inDecember, 2009. The applicant was advised verbally by Dan Laroque of that decision.The applicant convinced TTC to look at other options and an additional month was