I was pleased to be defence (employer) counsel in the recent Superior Court trial decision of Pepper v Lamb.
Mr. Lamb owned a small proprietorship that sold promotional products.
Ms. Pepper was his longstanding, only employee, and realistically, she ran the business.
A dispute arose over music being played, of all things.
Ms. Pepper left and sent a series of aggressive texts to Mr. Lamb over a week’s time about how he would need to change his ways and how he would need to let her work fully at home in the future.
The trial judge had to consider employment law concepts such as resignation versus constructive dismissal and she had to consider the Ontario Human Rights Code’s edict of employer accommodation for any emotional or mental distress, up to undue hardship.
The trial judge emphasized that “accomodation is a two way street” and that Ms. Pepper’s texts did not reflect that. She therefor found that Ms. Pepper had resigned and there was thus no employer liability for employment law damages or human rights damages.
This case is a good warning to disgruntled employees who are tempted to say very aggressive things to their boss or company in writing, especially over a period of time.
Constructive dismissal is a tricky area of law, and an employee is usually wise to consult with a lawyer before sending off aggressive texts to their employer.