michael chalmers, vice-president of airways transit service limited, was placed on a layoff from the company at the onset of the covid pandemic in march 2020.
in june of that same year, the company recalled its management team back to work with the exclusion of chalmers. he was never recalled. he sued airways transit seeking damages for constructive dismissal in 2021 and his case was heard in 2023.
chalmers joined airways transit in 1992 and had 28 years of service at the time he alleged he was constructively dismissed. as vice-president, he ran the day-to-day operations of the company that employed 125 to 150 people.
there were only two employees more senior than chalmers in the organization, the ceo and cfo. he was the highest paid employee with an annual salary of $116,532, a $6,000 annual pension contribution and executive group benefits.
even after being laid off, chalmers and a few other managers continued to work, unpaid from march to june 2020. chalmers gave evidence that he did so to support the company because of his loyalty to it.
on june 25, 2020, chalmers learned many positions had been returned to full-time work at airways transit. he made multiple inquiries about his own return and continued to perform some functions that supported the company’s interests. the court found many of his inquiries went unanswered by the company’s ceo and cfo.