Poesl v. Sharon Veterinary Clinic Professional Corporation

Background

• Plaintiff: Maya Poesl, a veterinarian employed for 20 years at Sharon Veterinary Clinic.
• Defendant: Sharon Veterinary Clinic Professional Corporation, owned and managed by Diane Clark.
• Claim: Wrongful dismissal or constructive dismissal.

Key Facts

• Plaintiff was laid off during COVID-19 but later reinstated.
• Dispute arose when Ms. Clark, the clinic owner, refused to send a termination letter to a client (West) who had previously made threats.
• Plaintiff, citing workplace safety, refused to return unless the letter was sent.
• Clark refused, and Poesl considered herself terminated.

Plaintiff's Position

• Asserted she was wrongfully or constructively dismissed.
• Sought 24 months’ notice based on her prior earnings.
• Claimed moral damages ($10,000–$30,000) and Human Rights Code damages ($20,000–$30,000).
• Argued that returning to work was unreasonable due to a "poisoned workplace."

Defendant's Position

• Asserted that Ms. Clark took appropriate steps to ensure staff safety.
• Argued that refusing to send the termination letter was reasonable.
• Contended that Poesl’s refusal to return amounted to voluntary resignation.
• Suggested 12 months’ notice if dismissal was found.

Court’s Decision

• Plaintiff was not wrongfully or constructively dismissed; her insistence on the termination letter was unreasonable.
• Refusal to return to work was deemed a resignation.
• Moral damages and Human Rights Code claims dismissed due to lack of medical evidence.
• No damages awarded; case dismissed.