Prinzo v. Baycrest Centre for Geriatric Care
Facts: After injuring herself in the employer's parking lot, Prinzo, a manager of a beauty shop located in the Baycrest Centre of Geriatric Care, was informed that she was to be laid off in 3 months due to financial constraints. While off work to recover, Prinzo's supervisor frequently telephoned her at home urging her to return to work. Despite the fact that Prinzo was medically unfit to return to work, the supervisor believed that she was malingering. The occupational health nurse told Prinzo's doctor that she needed to return to work so that she could be laid off. The supervisor sent Prinzo a letter falsely stating that her doctor had agreed she could return to work. The supervisor advised her that failure to return to work would be regarded as a work refusal. The calls from the supervisor continued, even after Prinzo's lawyer informed Baycrest that the calls were causing stress and anxiety. After the employer's repeated efforts to get her to return, Prinzo finally agreed to return to work, in the belief that she had been reinstated and would be assigned modified duties. Once she returned to work, Prinzo continued to be subjected to cruel conduct, including comments that Prinzo not harm the residents of the institution. The supervisor's conduct caused Prinzo to suffer emotional distress, loss of self-esteem, increased blood pressure, weight gain and aggravated her diabetes.
Issues: (1) What is the date from which reasonable notice should be calculated when an employee receives notice of termination?; (2) Should damages for mental distress be awarded?; (3) In the alternative, should the notice period be extended due to the manner of dismissal?
Result: An award of aggravated damages for emotional distress is warranted in this case because of the independently actionable wrong, the tort of intentional infliction of mental suffering. Intentional infliction of mental suffering is committed where there is: (1) flagrant or outrageous conduct; (2) that is calculated to produce harm; and (3) results in a visible and provable illness. The employer continued to make harassing telephone calls to Prinzo, even after becoming aware of the emotional distress and illness they were causing her. This harassment constituted an independent cause of action, justifying damages beyond pay in lieu of reasonable notice. A notice of termination must lead a reasonable person to conclude that his/her employment is at an end as of some particular date in the future. A Letter of Layoff must specify the date on which the employment is at an end.
Position: Manager of a Beauty Shop located within the Geriatric Centre
Age: 49 years of age
Salary: $30,500 per year
Length of Service: 17.5 years
Result (award): 12 months notice; award of $15,000.00 for the tort of intentional infliction of mental suffering.