Walmart Constructive Dismissal Case: Business and Legal Implications

This case study examines a lawsuit filed by a former Walmart employee, Meredith Boucher, against the company and her manager, Jason Pinnock, alleging constructive dismissal due to workplace harassment. Boucher's testimony detailed instances of belittling behavior, including public humiliation and unfair treatment related to her work performance and health. Despite reporting the harassment, Walmart failed to intervene, leading Boucher to resign and subsequently sue for $1 million, later awarded $1.46 million by a jury. The case highlights issues of workplace ethics, management responsibility, and the legal consequences of failing to provide a harassment-free environment. The lawsuit touches upon Canadian employment law, including constructive dismissal and punitive damages, emphasizing the importance of employee protection and the financial repercussions of corporate misconduct. Walmart is appealing the decision. The case underscores the significance of creating a supportive and respectful workplace to avoid costly legal battles and maintain a positive company image.

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Mistreated Walmart employee gets $1.46
Wed., Oct. 31, 2012 timer 3 min. read
A former Windsor Walmart employee was awarded $1.46 million by a jury after she suffere
months of abuse by her boss.
This generous award, which was more than Meredith Boucher sought, shows that juries ar
prepared to punish companies that do not provide a harassment-free working environme
their employees. However, Boucher has yet to receive a penny, because Walmart has app
the decision.
In November, 2009, after 10 years with Walmart, Boucher resigned from the company's W
store because of her manager Jason Pinnock's belittling and demeaning behaviour. Her
testimony at trial revealed that the harassment included swearing at her in front of other
workers, belittling her when she called in sick and forcing her to count skids of products in
of other workers to prove she could count.
Boucher’s employment contract said she was entitled to two weeks of pay per year of ser
20 weeks. The company actually paid her for 32 weeks, but even so, Boucher sued both W
and Pinnock for $1 million for constructive dismissal and $250,000 more for punitive dama
In early October, a jury of three men and three women found that she had been constructi
dismissed and awarded her $1.46 million in damages.
Boucher testified that Pinnock's harassment began after the 2009 Victoria Day weekend w
she had refused to falsify logs recording cleaning frequency in the bakery and temperatur
maintained at various times in the food areas of the Tecumseh Rd. East store.
Boucher’s lawyer Myron Shulgan said in an interview Pinnock's actions included swearing a
Boucher and calling her and ‘idiot’ and ‘stupid’ in front of her peers and subordinates. On
occasion when she brought in a doctor’s note saying she couldn’t work, Pinnock ordered h
‘get your ... ass in here.”
She also told the court that in June 2009 she was punched twice in the arm by another em
She reported these incidents to Pinnock and senior management, but the employee was n
charged with assault or disciplined by the company. That July, Boucher was taken off days
put on the overnight shift.
In spite of repeated complaints to Walmart’s District People Manager, the company took n
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to intervene or curtail Pinnock’s behaviour, the court heard. In fact, after meeting with a
committee of three senior Walmart managers, Boucher was advised that her complaints d
warrant further consideration.
Shulgan says it is noteworthy that Boucher was courageous enough to champion her caus
she could have been out of pocket by $70,000 or $80,000 in costs if she was unsuccessful
was not motivated by financial gain. After the jury said she was constructively dismissed, s
vindicated. She had no idea how much the jury awarded her until I told her.”
Awards of punitive damages are not common in Canadian employment law cases. Howeve
British Columbia jury recently awarded Larry Higginson $809,000 in wrongful dismissal
damages and punitive damages against Babine Forest Products Ltd . The company later ap
and the parties settled out of court.
Walmart lawyer Stephen Jovanovic told the Windsor Star that he considered the jury’s awa
wildly out of whack and that he believes it will be overturned on appeal . However, Shulga
courts show great deference to jury verdicts because the punitive damages award is an a
the jury believes is required to punish the wrongdoer and deter it from continuing the wron
conduct in the future.
Related: Fired employee gets $550,000 in punitive damages
Sheryl Smolkin is a Toronto lawyer and writer. Contact her through her website and follow
Twitter @SherylSmolkin.
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