FAQ's Cases - Stewart McKelvey

- 14 -bottom of the problem and the help desk would be called. She denied ever blaming the plaintifffor the computer or printer being down.[81] Ms. Pozniak did recall yelling or raising her voice to the Bell Telephone and PublicUtilities Commission in the fall of 2005 or spring of 2006 regarding issues that she was havingwith them.[82] I find that occasions of Ms. Pozniak “yelling” at someone on the telephone, whatever“yelling” means to the plaintiff, does not amount to constructive dismissal. Nor does the arguingbetween the Pozniaks in the office. There was no evidence as to the frequency of such events,but one has to remember that the plaintiff worked there for 17 years. Also, the expression“yelling” seems to have been used quite liberally by the plaintiff and one or more of theplaintiff’s other witnesses, taking into account the plaintiff’s demonstration in court of what shemeant by yelling, which was not very voluble, and the repeated comments by the witnesses thatit was not so much the volume as the tone of voice that Roberta Pozniak used. Also, what ischaracterized as yelling at the plaintiff appears to be more in the nature of stern talk by Ms.Pozniak in her role as manager which the plaintiff was uncomfortable with.2011 ONSC 2148 (CanLII)[83] In any event, the evidence under this heading does not rise to the level of demonstratingconstructive dismissal.[84] 7 – If I’ve made an error, or you think I did, don’t just accuse; ask about it and wecan discuss it calmly. Just because a note in a file has my writing or email doesn’t meanthat it’s my error.[85] The plaintiff alleged that being blamed for others’ errors was a regular occurrence andwas upsetting to her. Ms. Kennedy confirmed this and said it got worse over time although shedid not recall the specifics of what the plaintiff got blamed for.[86] The only specific example involved what was referred to for convenience in the trial asthe “Bangladesh ticket”. There was much testimony and discussion about this at the trial, mostof which need not be repeated here. Briefly, a junior employee had reserved a ticket toBangladesh for a client at a low price, but failed to submit payment and lost that reservation.The file was given to the plaintiff to reserve the space again, which she did, but it was no longeravailable at the low price. The difference in price would have to be absorbed by the defendantand amounted to several hundred dollars. The plaintiff was instructed not to issue the ticket yetin the hope that a better price would become available. Before the ticket was issued, thereservation time expired and the reservation was cancelled again. This caused a lot of concern inthe office and Walter Pozniak instructed the plaintiff to correct the situation. Meanwhile,Roberta Pozniak wanted her to deal with other files. It is not clear whether the error leading to