B.C. worker awarded $81K, wrongfully dismissed over ‘strongly worded’ email

A worker in British Columbia who was fired for cause over a “strongly worded” email has been awarded $81,100 in damages.

In a recent decision, the B.C. Supreme Court found that Kavita Lefebvre was wrongfully dismissed by Gisborne Holdings Ltd (Gisborne).

Overview of the case

In 2022, Lefebvre accepted an 18-month contract to work as an administrator at Gisborne — covering a parental leave.

Approximately six weeks into the agreement, she was terminated for cause after the company’s human resources manager “took issue with the tone and content” of an email that she sent.

Gisborne argued that the email in question caused an “irreconcilable breakdown” of the employment relationship.

The Court’s decision

After reviewing the facts of the case, Justice Julianne Lamb determined that Lefebvre’s email didn’t justify a termination for cause.

“Summary dismissal was not a proportionate response to the email, which I find did not rise to the level of insubordination,” Lamb said.

“The email was direct and strongly worded, but it was not rude or unprofessional.”

She also noted that Gisborne has a written policy of “progressive discipline”, which requires a formal warning and a suspension prior to termination.

According to court documents, there was no record of:

• Lefebvre being disciplined at any point before she was fired
• A member of the company following up on her email with a warning or reprimand of any kind

Lamb added that Gisborne wasn’t able to provide “any cases in which analogous conduct was found to justify termination.”

As a result, the B.C. Supreme Court ruled that Lefebvre had been wrongfully dismissed and was entitled to severance pay.

The company was ordered to provide her with the compensation that she would have received if she had worked the full term of her contract.

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Ending fixed-term contracts early in B.C.

When employers in B.C. end a non-unionized worker’s fixed-term contract early without cause or without a termination clause, they must pay the individual for the remaining time left on the agreement.

This compensation includes wages and potentially other benefits that the worker would have received had the contract run its full term.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about fixed-term contracts on an episode of the Employment Law Show.

In some cases, fixed-term contracts contain a termination clause — limiting the amount of compensation that an individual is owed if the agreement ends early.

If the fixed-term contract you signed does include a termination clause, don’t panic.

These provisions are often unenforceable in a court of law — meaning you could still be entitled to a significant amount of compensation.

If your employer ends your fixed-term contact early for any reason, contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are owed.

SEE ALSO
• Starting a new job? Here’s how employment contracts can limit your rights
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How is severance pay calculated in B.C.?

In B.C., severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your employer didn’t provide you with the correct amount of compensation, you have been wrongfully dismissed and should seek legal counsel immediately.

SEE ALSO
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated workers
• Should I negotiate my own severance package in B.C.?

My boss is pressuring me to sign my severance offer immediately, what should I do?

It’s not uncommon for employers in B.C. to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with our firm.

The company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
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My boss won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. Employers in B.C. can’t revoke severance offers simply because an individual declined it or attempted to negotiate more compensation.

If your boss refuses to provide you any severance because you turned down their initial offer, it’s very likely that you have grounds for a wrongful dismissal claim.

SEE ALSO
• Employment Law Show: Things employers in Canada can’t legally do
• Employment Law Show: Situations that trigger legal disputes

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.