FAQ's Cases - Stewart McKelvey

- 16 -member about something amusing, Ms. Pozniak objected. The plaintiff claimed that theemployees had no difficulties among themselves, but that the atmosphere became tense overtime. She became afraid to speak to co-workers.[95] The plaintiff spoke of having, with some regularity, anxiety attacks or panic attacksrelated to her work.[96] Roberta Pozniak denied hovering over the plaintiff. She said that she had to leave herown office many times each day for work-related purposes and be out in the open concept areawhere the staff worked. At times, she would have to go to the plaintiff’s desk to check on filesor re-order the priority of files that she had given the plaintiff.[97] Ms. Pozniak did express concern about the amount of time the plaintiff spent talking toother staff members in the office, and said that she had spoken to the plaintiff about that. Shesaid she often found the plaintiff at Ms. St. Pierre’s desk when Ms. Pozniak had been away fromthe area, and would ask if they needed something. The plaintiff would say no and go back to herdesk. She found the plaintiff leaving her desk several times per day for several minutes at a timeand it was obvious to her that it was not work-related. She noted that the plaintiff wassometimes at Ms. St. Pierre’s desk, whispering. She also found the plaintiff talking on the phoneabout personal matters.2011 ONSC 2148 (CanLII)[98] This appears to be another matter of office management. It was a busy office and thestaff were expected to work. Ms. Pozniak was responsible for managing the staff and it is clearthat she expected them to perform. I do not see that her efforts in this regard amount toconstructive dismissal.[99] 11- Have a little trust in us. At 5:30 p.m., you and Walter are trying to rush us outthe door. We would like to leave on time too, but sometimes there is still work to be done.You don’t have to stay while we finish. We’re not going to cheat you.[100] The plaintiff complained that the Pozniaks would not leave an employee alone inthe office who wanted to stay late to complete some work and said that the employees were notgoing to claim for time not worked. Rather, the Pozniaks would rush them out at closing time,unless they themselves intended to stay late.[101] Roberta Pozniak testified that they would not be rushed out if there was work tobe done. All wanted to leave on time, and work would be shared to try to accomplish that.[102] This appears to be a minor matter not amounting to constructive dismissal.