The plaintiff, Dianne Messier, brought a motion for judgment under Rule 19.05 against the defendant, Life Labs Medical Laboratory Services, after the defendant failed to file a statement of defence and was noted in default.
The plaintiff alleged constructive dismissal from her long-term employment and sought special, general, and punitive damages.
The court found that the defendant unilaterally and fundamentally altered the terms of employment, constituting constructive dismissal.
The plaintiff was awarded damages for lost income in the amount of $38,904.98, calculated based on 32 years of service at two weeks' pay per year, less employment insurance benefits.
Claims for general and punitive damages were dismissed, as the court was not persuaded the defendant's conduct was unduly insensitive.
Partial indemnity costs of $9,000.00 were awarded to the plaintiff.
Corrected reasons for judgment were released on November 1, 2018, replacing the amount in paragraphs 18(g) and 19 with $38,904.98.
