BC Supreme Court says employee termination 'not a proportionate response'
An employee in British Columbia has won $81,100 in damages after the Supreme Court there ruled that she was wrongfully dismissed over a "strongly worded" email.
Kavita Lefebvre was hired as a Departmental Administrator by Gisborne Holdings Ltd in April 2022 to replace an employee on parental leave.
The employment dispute stems from Lefebvre's email to HR manager Ian Gibson, where she responded to his email that summarised their meeting on June 30.
‘Irreconcilable breakdown of employment relationship’?
Only a portion of the email was articulated in the court document, where Lefebvre said: "My expectation is that all parties concerned will be held to the same standard, and that the courtesy, honesty, and accountability that I extend will be reciprocated. I too, look forward to positive outcomes and to cordial and professional working relationships and it is my hope that we all work towards this."
According to the court document, she also asked in the email to discuss compensation due to the additional duties that she had been assigned that were not carried out by the incumbent employee.
Lefebvre also said there that she was not aware that other Gisborne employees had concerns with her "approach" before it was raised to her during the June 30 meeting. She also said it was "borderline untrue" that the company's problems with a client were created by her.
Gibson and Maegan Teunissen, Lefebvre's manager, said they took an issue with the tone and content of the email.
"Gisborne says that the email caused an irreconcilable breakdown of the employment relationship," the court document said.
Dismissal with or without cause
Lefebvre was terminated on July 7, 2022, effective immediately, but she was paid until July 8 in addition to two weeks in lieu of notice.
The departmental administrator claims that she was dismissed without cause, but Gisborne disputes that she was terminated for cause.
She sought damages in the amount that she would have been paid if she completed the fixed term or alternatively $5,000, the amount of a completion bonus available pursuant to the Employment Contract.
She also sought punitive damages for the manner of her dismissal and the baseless allegation of cause.
'Wrongfully dismissed'
The Supreme Court of British Columbia sided with Lefebvre on the matter, ruling that she was wrongfully terminated by her employer.
"In my view, summary dismissal was not a proportionate response to the email, which I find did not rise to the level of insubordination. The email was direct and strongly worded, but it was not rude or unprofessional," Justice Julianne Lamb said in the decision.
"Ms. Teunissen may have been offended by Ms. Lefebvre's email, but progressive discipline, rather than summary termination, would have been a reasonable response."
According to Lamb, the company failed to consider alternative disciplinary measures to dismissal.
"I find that Ms. Lefebvre was wrongfully dismissed. She is entitled to damages of $81,100," Lamb said.
The court, however, declined to award punitive damages on the case.
"I find that contractual damages are sufficient in these circumstances. Gisborne's conduct is not reprehensible and worthy of censure," Lamb said.
