Wal-mart Canada appeals $1.2M award in ex-employee lawsuit

B00Mer

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TORONTO -- Wal-Mart Canada says a jury verdict that awarded a former employee more than $1 million is "shockingly unreasonable."

The company is asking the Court of Appeal for Ontario to dismiss the claims made by Meredith Boucher -- who used to work at a store in Windsor, Ontario -- or at least lower the amount Wal-Mart has to pay her.

Boucher sued Wal-Mart and her former manager, Jason Pinnock, for intentional infliction of mental suffering and constructive dismissal, meaning she was asked to work in intolerable conditions.

The trial heard that Pinnock was mentally abusive toward her and would criticize her in front of other staff, such as when he made her count a row of skids to prove she could count to 10 and that Wal-Mart didn't take action against him.

The jury ordered Wal-Mart to pay her $1 million in punitive damages and $200,000 in aggravated damages, as well as awarding her $250,000 from Pinnock.

Both Pinnock and Wal-Mart are appealing, with Wal-Mart suggesting the jury wasn't properly instructed and that a better informed jury wouldn't have come up with those amounts.

Wal-Mart called the damage awards "wholly disproportionate and/or shockingly unreasonable."

"The findings of the jury were a substantial wrong and/or a miscarriage of justice," Wal-Mart said in its notice of appeal.

Boucher's lawyer, Myron Shulgan, said the jury's findings should be upheld.

"This jury spoke as the voice and conscience of the community to express its view of Wal-Mart's conduct," he said in an interview from Windsor.

"We're disappointed that Wal-Mart's chosen to dedicate its resources to pursue an appeal of this decision rather than making use of those resources to improve the environment and condition in which their employees are employed."

Read more: Wal-mart appeals $1.2M award in ex-employee lawsuit | CTV News
 

JLM

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TORONTO -- Wal-Mart Canada says a jury verdict that awarded a former employee more than $1 million is "shockingly unreasonable."

The company is asking the Court of Appeal for Ontario to dismiss the claims made by Meredith Boucher -- who used to work at a store in Windsor, Ontario -- or at least lower the amount Wal-Mart has to pay her.

Boucher sued Wal-Mart and her former manager, Jason Pinnock, for intentional infliction of mental suffering and constructive dismissal, meaning she was asked to work in intolerable conditions.

The trial heard that Pinnock was mentally abusive toward her and would criticize her in front of other staff, such as when he made her count a row of skids to prove she could count to 10 and that Wal-Mart didn't take action against him.

The jury ordered Wal-Mart to pay her $1 million in punitive damages and $200,000 in aggravated damages, as well as awarding her $250,000 from Pinnock.

Both Pinnock and Wal-Mart are appealing, with Wal-Mart suggesting the jury wasn't properly instructed and that a better informed jury wouldn't have come up with those amounts.

Wal-Mart called the damage awards "wholly disproportionate and/or shockingly unreasonable."

"The findings of the jury were a substantial wrong and/or a miscarriage of justice," Wal-Mart said in its notice of appeal.

Boucher's lawyer, Myron Shulgan, said the jury's findings should be upheld.

"This jury spoke as the voice and conscience of the community to express its view of Wal-Mart's conduct," he said in an interview from Windsor.

"We're disappointed that Wal-Mart's chosen to dedicate its resources to pursue an appeal of this decision rather than making use of those resources to improve the environment and condition in which their employees are employed."

Read more: Wal-mart appeals $1.2M award in ex-employee lawsuit | CTV News

This is beyond a joke- any normal person who felt as she did would have been long gone working at another job. The woman is a nutcase.
 

B00Mer

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This is beyond a joke- any normal person who felt as she did would have been long gone working at another job. The woman is a nutcase.

Lets' face it, Wal-Mart treats their employees like crap.. they even closed a Quebec store when it was Unionized.

LOL, looks good on'em. But I am sure they will hold this judgement up for years before they pay a single cent. If they pay a single red cent, or oh joy they will threaten to close all Canadian Wal-Mart's LOL
 

JLM

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Lets' face it, Wal-Mart treats their employees like crap.. they even closed a Quebec store when it was Unionized.

LOL, looks good on'em. But I am sure they will hold this judgement up for years before they pay a single cent. If they pay a single red cent, or oh joy they will threaten to close all Canadian Wal-Mart's LOL

Can't quite agree with you here, Boomer, although I suppose there are instances (as with most outfits) as you describe. I know a woman here in Vernon who is very happy working at Walmart, but she is a sensible hard worker. Walmart also does things for the community. They also hire people who are mentally challenged, who otherwise might not have a job. To tell you the truth, I'm not always in agreement with Unions moving in and telling someone how to run their business. From what I can gather lately Quebec has a lot of problems in the corporate world! -:)
 

petros

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Nov 21, 2008
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Maybe the jury just didn't like Wal*Mart because of a long list of infractions and decided to send Wal*Mart a message?
 

darkbeaver

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Can't quite agree with you here, Boomer, although I suppose there are instances (as with most outfits) as you describe. I know a woman here in Vernon who is very happy working at Walmart, but she is a sensible hard worker. Walmart also does things for the community. They also hire people who are mentally challenged, who otherwise might not have a job. To tell you the truth, I'm not always in agreement with Unions moving in and telling someone how to run their business. From what I can gather lately Quebec has a lot of problems in the corporate world! -:)

It's a marketing thing JLM, it has nothing to do with actual human value. The bottom line rules any seeming benevolent expense is always aimed at the bottom line. Wal mart did things for my community too, it shut down two hundred smaller businesses and half of those people never went back to work. Wal mart is a crime against humanity.
 

SLM

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Mar 5, 2011
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Maybe the jury just didn't like Wal*Mart because of a long list of infractions and decided to send Wal*Mart a message?

Nobody likes WalMart. They just shop there because it's cheap and it's usually the only thing left standing once they move to town.

I'd rather have a root canal than shop at WalMart personally, but each to their own.
 

WLDB

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Jun 24, 2011
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This case likely is unreasonable, but so is the way Wal Mart treats its employees. I applied to work for them in high school and they didnt take me. Given what Ive learned about them since then im glad they didnt. I may have quit within a week or two. Being made to sing a 'happy song' before your shift is a big degrading. Unless your job involves making a tv show for children or teaching 5 year olds you shouldnt have to 'sing.'

I havent shopped at one in a few years now. I dont really know where the wal marts are in Ottawa. Havent needed them.
 

SLM

The Velvet Hammer
Mar 5, 2011
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This case likely is unreasonable, but so is the way Wal Mart treats its employees. I applied to work for them in high school and they didnt take me. Given what Ive learned about them since then im glad they didnt. I may have quit within a week or two. Being made to sing a 'happy song' before your shift is a big degrading. Unless your job involves making a tv show for children or teaching 5 year olds you shouldnt have to 'sing.'

Do they still do that???

I havent shopped at one in a few years now. I dont really know where the wal marts are in Ottawa. Havent needed them.

South Keys, lol.