FAQ's Cases - Stewart McKelvey

- 15 -the second cancellation was the plaintiff’s or not, but Walter Pozniak thought it was and theplaintiff denied it. Be that as it may, the plaintiff would not have been required to pay for thedifference in price between a reservation that had been lost and one that had been confirmed.Nor would there have been any disciplinary action or probation, according to Mr. Pozniak. Theoffice had other means of making up such differences. Nevertheless, the plaintiff claimed shewas reduced to crying and shaking, and had to leave. That was the point at which she went onher stress leave.[87] Roberta Pozniak’s evidence was that, when an error was detected, she would go to thestaff, ask how it happened and speak to them about fixing it without raising her voice. Sheconfirmed that a list was kept of mistakes made by the staff which had cost the defendant moneyand that there was a mechanism for making this up, not by them paying in cash or having itdeducted from their pay, but by finding lower fares for tickets that clients had already paid for.2011 ONSC 2148 (CanLII)[88] Aside from the Bangladesh ticket, in which it is unclear whether or not the plaintiff madean error, there are no specific examples of her being blamed for the errors of others. It isapparent that errors did occur from time to time, that the defendant had a mechanism for dealingwith these so that the staff were not out of pocket for them and that there was no disciplinaryaction. Indeed, as noted elsewhere in these reasons, Walter Pozniak testified both that theplaintiff made a lot of errors and that she was a valuable employee.[89] Nothing under this heading amounts to a constructive dismissal.[90] The next three expectations can conveniently be dealt with together.[91] 8 – No more hovering over my shoulder or behind me to make sure I’m working.I’m here to work and as always will give 100 %.[92] 9 – A little more relaxed atmosphere in the office. If I make a comment to Debbie orTina or laugh or respond to something a client says, it doesn’t mean I’m not doing my job.[93] 10 – If I am at someone else’s desk, it’s usually for a good reason. I don’t need youcoming out and harshly asking what’s going on or if there’s a problem. If I’m not at mydesk for two minutes, you are out there to see what I’m doing.[94] The plaintiff complained of Roberta Pozniak watching her from her office or standingover her, watching her work, sometimes commenting or questioning her. If the plaintiff was atanother desk, Ms. Pozniak would ask why and if she did not have enough work to do. Theplaintiff spoke of being verbally pushed regarding work. She said that on one occasion, whenshe explained that she was helping a junior with a file, Ms. Pozniak advised that that was notnecessary. Another time, when Ms. Pozniak overheard the plaintiff commenting to another staff