Alberta Court Win: Suncor Supervisor Awarded Over $163,000 After For-Cause Firing

Samfiru Tumarkin LLP secured a court award of more than $163,000 for a Fort McMurray shift supervisor after Suncor failed to prove that it had grounds to fire him without severance.

Michael O’Driscoll was 55 and had spent nearly 11 years with Suncor when the company accused him of sleeping on the job. Its investigation relied heavily on GPS records showing that his truck had stayed in one place for hours. But a parked truck did not tell the whole story.

Represented by Samfiru Tumarkin LLP, O’Driscoll challenged his dismissal. The Alberta Court of King’s Bench found serious problems with Suncor’s investigation and awarded compensation based on 16 months’ notice. The court also ordered a separate repayment under his housing-subsidy agreement.

Suncor Said The Parked Truck Showed He Was Not Doing His Job

Suncor pointed to long periods when O’Driscoll’s truck did not move during two night shifts. Its investigator concluded that he had been sleeping.

The company also argued that his explanations were inconsistent and that, even if he had been awake, he had failed to properly supervise the work area and roads.

O’Driscoll disputed those allegations. He said he had been watching equipment operations, monitoring the radio and paying particular attention to an operator who needed closer supervision.

The question was whether Suncor could prove misconduct serious enough to justify ending his career there without severance.

The GPS Records Told A Fuller Story

The same type of records that raised Suncor’s suspicions also helped support O’Driscoll’s explanation.

GPS evidence showed that other supervisors had been parked beside him during substantial parts of the shift. One supervisor was next to his truck for more than three hours.

That supervisor also confirmed that they had spoken about an equipment operator who needed extra attention and that a truck had become stuck that night.

No witness had seen O’Driscoll sleeping. The evidence instead showed that he had been interacting with colleagues during much of the period Suncor questioned.

The Court Found Serious Problems With The Investigation

The judge found that Suncor’s investigator had focused on evidence against O’Driscoll while overlooking information that supported him.

• She had not reviewed the GPS records before his dismissal, even though those records had prompted the investigation.
• Evidence of conversations with other supervisors was overlooked when she concluded that he had been asleep.
• Radio and dispatch records were not preserved. Those records could have helped establish what work he had done and who he had spoken with.

The court described the investigation as showing “tunnel vision.” It also found that O’Driscoll’s central explanation had remained consistent: he stayed in the pit to supervise work there and managed road-related work over the radio.

Suspicion was not enough. Suncor had not proven that he was sleeping or neglecting his duties.

His Severance Included More Than Base Salary

The court found that 16 months’ notice was appropriate, taking account of O’Driscoll’s age, nearly 11 years of service and supervisory responsibilities.

The calculation included salary, benefits, shift-related pay and other regular compensation. It also included unscheduled overtime, which had averaged approximately $59,599 a year over the three years before his dismissal.

The court also awarded $9,328 for a bonus earned in 2020 that had not been paid.

Our Team Secured A Significant Wrongful Dismissal Award

On January 19, 2026, the Alberta Court of King’s Bench ruled that O’Driscoll had been wrongfully dismissed and stated his total damages at $163,909.35.

Suncor also sought repayment of money advanced under a separate housing-subsidy agreement. The court allowed that claim in part, ordering O’Driscoll to repay $7,341.18.

Read the full court decision: O’Driscoll v. Suncor Energy Inc., 2026 ABKB 43.

What This Means For You

• Your employer’s accusation is not the final word. Being fired for cause does not automatically mean you lose your right to severance. The company must be able to prove its position.
• An internal investigation can get it wrong. Witness accounts, records and the full context may tell a different story from the one in your termination letter.
• Your severance may include more than salary. Regular overtime, premiums, benefits and bonuses should be reviewed when calculating your severance pay in Alberta.
• Keep looking for comparable work. Save your applications and interview records. Finding a new job can affect the amount you recover, but it does not necessarily eliminate your claim.

A Lesson For Employers

Test the allegation before deciding on the outcome. A fair investigation should consider evidence on both sides and preserve relevant records.

Another Alberta court win: Read how our team protected a 35-year employee’s severance claim when his former employer tried to have it thrown out.

Fired For Cause In Fort McMurray Or Elsewhere In Alberta?

Do not assume that an accusation or an internal investigation means you are owed nothing. Your severance could be as much as 24 months’ pay.

Our employment lawyers serving Fort McMurray and our wider Alberta team can review your dismissal, examine the company’s allegations and explain what you may be owed.

Many severance disputes can be resolved without going to court. When litigation becomes necessary, O’Driscoll’s case shows how our team can challenge the evidence behind a dismissal and pursue the compensation an employee deserves.

Contact Samfiru Tumarkin LLP before accepting that your employer’s decision leaves you without options.

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.