Client Win: Major Payout for Wrongfully Dismissed Alberta Shift Supervisor

O’Driscoll v. Suncor Energy Inc.

Samfiru Tumarkin LLP secured more than $163,000 in wrongful dismissal damages for our client, Michael O’Driscoll, in the case of O’Driscoll v. Suncor Energy Inc., a matter that was heard in the Alberta Court of King’s Bench (ABKB) in Fort McMurray.

Partner Lluc Cerda and members of the firm successfully argued that O’Driscoll shouldn’t have been fired for cause — entitling him to full severance pay.

📺 WATCH: Key Facts About “For Cause” Terminations

What You Need to Know

• O’Driscoll began working at Suncor Energy in a unionized position on April 19, 2010 — getting promoted to “Shift Supervisor” in 2018.
• Prior to his termination on Feb. 3, 2021, management reviewed GPS data for O’Driscoll’s truck from Dec. 2020 and Jan. 2021. The company noted that the truck had been immobile on 2 nights for long periods of time. An investigation concluded that O’Driscoll had been sleeping in his truck.
• After nearly 11 years of service, Suncor Energy fired O’Driscoll for cause, citing their investigative findings.
• Certain that the investigation was biased, O’Driscoll filed a wrongful dismissal claim — seeking 16 months of severance pay.
• In response to O’Driscoll’s claim, Suncor Energy made a counterclaim for the housing allowance that he’d received in the preceding 24 months.

Court’s Decision

The ABKB agreed with Samfiru Tumarkin LLP that Suncor Energy failed to properly establish just cause when firing O’Driscoll.

Hon. Justice Maureen J. McGuire concluded that the company’s investigation:

• Drew inferences from a selective view of the evidence that ignored exculpatory evidence.
• Failed to preserve evidence that may have corroborated O’Driscoll’s version of events.

The court also found that the investigator exhibited tunnel vision — ignoring certain facts and relying on hearsay evidence to conclude that O’Driscoll had been dishonest during the investigation.

After assessing the facts of the case, including the housing allowance, Suncor Energy was ordered to pay O’Driscoll $163,909.35.

SEE ALSO
• How to Calculate Severance Pay
• Should I Negotiate My Own Severance Package in Alberta?
• Can I Get My Job Back if I’m Fired?

Key Takeaways

For Employees

• It’s extremely difficult for employers to terminate staff for cause: This type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault. If you’re fired without severance pay in Alberta, contact an experienced employment lawyer at Samfiru Tumarkin LLP. Every situation is unique and needs to be reviewed by a legal professional. As O’Driscoll’s case shows, wrongful dismissal damages can be significant.
• Look for comparable employment after you’re fired: Non-unionized employees in Alberta have a duty to mitigate damages — regardless of a wrongful dismissal. If you don’t make a reasonable effort to find similar work in your field, it could affect the amount of severance pay you’re owed.

For Employers

• Consult an employment lawyer before firing staff: Employers in Alberta should always seek legal counsel before terminating a non-unionized worker with or without cause. A thorough review by our team will ensure laws aren’t being broken, the employee’s rights have been taken into account, and that you’re protecting your business.

More Client Wins

• Major Payout for Wrongfully Dismissed Alberta Product Specialist
• Alberta Assistant Manager Awarded $54K After Unfair Ultimatum
• Full Severance for Alberta Manager Following Firing Fiasco
• Salesperson Awarded $182K in Wrongful Dismissal Case
• Alberta Site Supervisor Awarded $31K After Demotion, Pay Cut
• Employee Wins 17-Month Severance After Unfair Demotion Offer
• Executive Awarded Over $300K Following Devastating Demotion

Workplace Issue? Get Help Now

📞 Contact Samfiru Tumarkin LLP: 1-855-821-5900 or request a consultation online.

Our experienced employment lawyers in Alberta, British Columbia (BC), and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues, including wrongful dismissals.

Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.