CanLII, Tembec Inc. v. Wilson., 2010 ONCA 504

Tembec Inc. v. Wilson

Gordon Wilson, Applicant (Respondent)
Tembec Inc., Defendant (Appellant)
August 3, 2010

Facts:

1. Mr. Wilson worked at Tembec since 1st July 1997. He worked as a general manager of operation at the Tembec's sawmill in Kapuskasing. In Nov. 2001, Mr. Wilson was promoted to rank of Director General mills Northern Ontario West, a position that entitles him to oversee the operation of sawmills located Tembec in Kapuskasing, Hearst and Opasatika.
2. In May 2003, Mr. Bastien, a vice-chairpersons of Tembec, became the direct supervisor of Mr. Wilson. Up to this point, Mr. Wilson had recieved very positive performance evaluations. Bastien by cons reduces overall efficiency rating of Mr. Wilson ensuring that it undergoes a reduction of premiums in the short term, as well, Mr. Bastien insists that Mr. Wilson learn French. Mr. Wilson resisted this pressure. In short, Mr. Bastien and Mr. Wilson do not get along.

Circumstances surrounding the dismissal:

3. The chain of events began towards the end of 2004. Tembec decided to close its sawmill in Opasatika and Mr. Wilson is the manage responsible for the accomplished under supervision of Mr. Bastien.
4. Following the closure, Tembec should provide some severance pay to its employees. The status of a worker, Paul Nadeau, was not clearly defined. Mr. Wilson recommended he was an employee and Mr. Bastien is of the opinion that Mr. Nadeau is a contractor. The letters to each employee of the mill are prepared for the signature of Mr. Bastien; Mr. Bastien refused to sign the letter to Mr. Nadeau.
5. Wilson and Guylaine Coulombe, a lawyer and employee of the Department of Human Resources, Tembec meet. Since the letter is in French, Ms. Coulombe helping Mr. Wilson to amend the letter Mr. Nadeau to treat differently from other employees. A few months later Mr. Bastian learned of a letter signed by him to Mr. Nadeau. Initally Mr. Wilson did not remember that he signed the name of Mr. Bastien on this letter but, after ascertained, Mr. Wilson admits that he forged the signature. Mr. Bastien to the matter to Tembec superiors, and on June 21, 2005, Mr. Wilson was dismissed without Tembec investigations about the facts of the case.

Conclusion of Trial Judge:

(a) Mr. Wilson did not attempt to conceal the fact that he had forged the signature of Mr. Bastein on the letter and did not try to convince Mr. Bastien that he had personally signed the letter.
(b) Mr. Wilson believed he was in the best interest of Tembec to grant Mr. Nadeau severance of employment. This belief was objectively reasonable in the light of the totality of the evidence.
(c) Mr. Wilson was concerned about a confrontation and the animosity that surrounded him, and believed that he was not in the best interest of Tembec's refusal to pay severance to Nadeau.
(d) Even if the conduct of Mr. Wilson proved dishonest and insubordinate, the imitation of the signature was an isolated act, and did not reveal a character so flawed that it would make Mr. Wilson untrustworthy. Misconduct was not fraudulent in nature deeply, and was therefore compatible with the maintenance of an employer-employee Tembec. Ultimately the greatest obstacle to this relationship was a clash of personalities and communication problems between Mr. Wilson and Mr. Bastien.

Provision:

6. For the foregoing reasons, we dismiss the appeal.
7. We order that the appellant pay the respondent 20,000.00 US dollars for the costs of the appeal.