Dan Balkaran on 900 CHML discusses employer suing for time theft

Interview Summary

A woman was recently terminated from her employment in B.C. and after filing a wrongful dismissal claim, was instead forced to pay her former employer for time theft. What are the implications for employees as a result of this court decision? Is this case cause for concern for employees currently in a remote work arrangement?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Scott Thompson on 900 CHML to answer these questions and more.

Interview Notes

• Employer wins time theft case: This is a particularly unique case and for many is considered a surprising decision. This case is not likely to influence other court decisions and is not considered binding for any other level of court. This suit was decided by the lowest level of court in B.C. and does not have any in-person evidence and a full credibility analysis of the claimants. In general, employment law prefers employees to receive severance after the termination of employment.
• Time theft as a reason for termination: It is typically very difficult to terminate an employee for cause. While an employee can be terminated without cause for any reason, adequate severance pay must be offered. In order to prove termination for cause, employers have to prove an employee’s behaviour was particularly serious and there were no alternative measures of discipline other than termination.
• Employee tracking software: Employers are within their rights to implement tracking software for employees working remotely. Employers must notify employees that the software is being implemented as employees do have privacy rights.