Client Win: Over $58K for Wrongfully Dismissed Alberta Product Specialist

Hiebert v. Zimco Instrumentation Inc.

Samfiru Tumarkin LLP secured more than $58,000 in wrongful dismissal damages for our client, Richard Hiebert, in the case of Hiebert V. Zimco Instrumentation Inc. (Zimco), a matter that was heard at the Alberta Court of Justice.

Managing Partner Lluc Cerda and members of the firm successfully argued that Hiebert didn’t meet the conditions to necessary to be fired for cause.

📺 WATCH: Key Facts About “For Cause” Terminations

What You Need to Know

• On April 26, 2010, Hiebert began working at Zimco as a “Product Specialist.” After more than 11 years of service, he was let go without severance pay on October 22, 2021.
• Zimco claimed that it had just cause to fire Hiebert — citing poor performance, dishonesty, and insubordination.
• In response to Hiebert’s wrongful dismissal claim, Zimco initially filed a $500,000 counterclaim — alleging that his poor performance led to a loss of sales and recurring business.

Court’s Decision

Justice A.P. Argento agreed with Samfiru Tumarkin LLP that Zimco failed to properly establish just cause when firing Hiebert.

While the former product specialist’s performance issues were documented, the company didn’t:

• Provide a clear, express warning that his job was at risk if he didn’t improve
• Give him a reasonable opportunity to improve after any alleged warning

The court also dismissed Zimco’s counterclaim that Hiebert’s actions caused the alleged business losses.

In total, the company was ordered to provide him with $58,445.20.

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 transgressions, 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 Hiebert’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

• 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? Contact Us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Alberta, British Columbia (BC), or Ontario, our lawyers are ready to provide expert advice and effective solutions.

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.