Court says Bank of Montreal's actions were "flagrant and outrageous" in its treatment of overworked employee
A court has ordered the Bank of Montreal to pay a former employee $15,000 for mental suffering.
The employee, Susanne Zorn-Smith, suffered a breakdown after working days, nights and weekends to meet the demands at an understaffed branch.
In her judgement, Ontario Superior Court Justice Catherine Aitken said the bank was aware of Zorn-Smith’s history of long hours and missed lunches.
“It knew Ms. Susanne Zorn-Smith was an employee of long standing who was totally committed to the bank. It knew she was the kind of person who always tried to give the best possible service to clients, to help her colleagues and put the bank’s interests first. It took advantage of those qualities in total disregard to the toll its demands were taking on her health and the health of her family. This callous disregard for the health of an employee was flagrant and outrageous,” wrote Aitken in her Dec. 2 decision.
Zorn-Smith, 38, is the daughter of a former bank vice-president. She started working for the Bank of Montreal part-time when she was 15. Over the years, she worked her way up through the ranks working at numerous branches around Ontario. When she had the breakdown, she was working as the financial services manager at a branch in Smiths Falls, Ont., earning about $43,000 per year.
The branch in Smiths Falls was busy and understaffed. She often worked from 8:30 a.m. to between 5 p.m. and 6 p.m. She would return once her children were in bed, working again from 9 p.m. to midnight or 1 a.m., two or three nights a week. She even went in occasionally on Sunday night to get ready for the next week.
She was also being encouraged by the bank to complete — on her own time — several courses to maintain her skills, knowledge and qualifications. Because of the amount of work and stress, her marriage began to suffer. She took a disability leave in 2000 and returned to a lesser position, but was soon given more work and more responsibility.
On Feb. 20, 2001, the court said Zorn-Smith essentially stopped functioning because of excess responsibility and excess overtime. Zorn-Smith told a company nurse she had not slept more than two to three hours a night for several months.
She was fired from her position on June 28 after the company doctor said she was fit to return to part-time work and she refused. She was given no severance. Aitken ordered the Bank of Montreal to pay her 16-months’ severance on top of the damages for mental suffering.
In an interview with the National Post, she said banks are cutting their expenses at the expense of employee health.
“There’s such a shortage of staff in all the banks, and the people that are left are working so hard, they’re really, really pushed to their limits,” she said.
An article in the Post pointed out that the bank was recently named by Maclean’s magazine as one of the 100 best companies to work for. While refusing to comment on Zorn-Smith’s case, a spokesperson for the bank told the Post employee relations are a priority.
“We have been listed, year-in, year-out, as one of the top employers in Canada,” he said. “We have very strong (human resource) policies. Generally we have a very strong sort of reputation in the market for being a very fair employer.”
Charles Hurdon, an Ottawa-based lawyer who represented the bank, said the facts of the case did not support the award and said he would discuss the possibility of an appeal with the bank.
The employee, Susanne Zorn-Smith, suffered a breakdown after working days, nights and weekends to meet the demands at an understaffed branch.
In her judgement, Ontario Superior Court Justice Catherine Aitken said the bank was aware of Zorn-Smith’s history of long hours and missed lunches.
“It knew Ms. Susanne Zorn-Smith was an employee of long standing who was totally committed to the bank. It knew she was the kind of person who always tried to give the best possible service to clients, to help her colleagues and put the bank’s interests first. It took advantage of those qualities in total disregard to the toll its demands were taking on her health and the health of her family. This callous disregard for the health of an employee was flagrant and outrageous,” wrote Aitken in her Dec. 2 decision.
Zorn-Smith, 38, is the daughter of a former bank vice-president. She started working for the Bank of Montreal part-time when she was 15. Over the years, she worked her way up through the ranks working at numerous branches around Ontario. When she had the breakdown, she was working as the financial services manager at a branch in Smiths Falls, Ont., earning about $43,000 per year.
The branch in Smiths Falls was busy and understaffed. She often worked from 8:30 a.m. to between 5 p.m. and 6 p.m. She would return once her children were in bed, working again from 9 p.m. to midnight or 1 a.m., two or three nights a week. She even went in occasionally on Sunday night to get ready for the next week.
She was also being encouraged by the bank to complete — on her own time — several courses to maintain her skills, knowledge and qualifications. Because of the amount of work and stress, her marriage began to suffer. She took a disability leave in 2000 and returned to a lesser position, but was soon given more work and more responsibility.
On Feb. 20, 2001, the court said Zorn-Smith essentially stopped functioning because of excess responsibility and excess overtime. Zorn-Smith told a company nurse she had not slept more than two to three hours a night for several months.
She was fired from her position on June 28 after the company doctor said she was fit to return to part-time work and she refused. She was given no severance. Aitken ordered the Bank of Montreal to pay her 16-months’ severance on top of the damages for mental suffering.
In an interview with the National Post, she said banks are cutting their expenses at the expense of employee health.
“There’s such a shortage of staff in all the banks, and the people that are left are working so hard, they’re really, really pushed to their limits,” she said.
An article in the Post pointed out that the bank was recently named by Maclean’s magazine as one of the 100 best companies to work for. While refusing to comment on Zorn-Smith’s case, a spokesperson for the bank told the Post employee relations are a priority.
“We have been listed, year-in, year-out, as one of the top employers in Canada,” he said. “We have very strong (human resource) policies. Generally we have a very strong sort of reputation in the market for being a very fair employer.”
Charles Hurdon, an Ottawa-based lawyer who represented the bank, said the facts of the case did not support the award and said he would discuss the possibility of an appeal with the bank.
