Isnor further testified that he did speak to the couple to say they should get a motel if they were going to do that activity. He testified this behaviour did not bother his work and he did not consider it a major concern other than he thought it was inappropriate behaviour in the workplace and told Donald Ueffing, an owner of the employer company, that it should stop.
Isnor quit his employment and then made a complaint to the Nova Scotia Labour Standards Tribunal in the form of a constructive dismissal claim (i.e. that his work environment had been allowed to become so poisoned that he had no choice but to leave his employment, as if he had been wrongfully dismissed). The Tribunal dismissed the claim:
The Tribunal finds on the balance of probabilities from hearing the evidence and the testimony, and review of the exhibits, the Complainant quit his employment on November 2, 2009, and there has been no substantive evidence presented by the Complainant to show the workplace environment was so poisoned or destructive that was not remedied by the Respondent, such that he could not do his work. Accordingly, the Tribunal finds without some corroboration of the Complainant’s testimony, which did not occur at this hearing, there is no substantive evidence to support a claim for constructive dismissal from the evidence presented.Read the decision at: Isnor v. Ueffing Farms Limited.