Trial Win: Wrongfully dismissed City of Port Coquitlam worker awarded nearly $58K

Stevens v. Port Coquitlam (City)

Samfiru Tumarkin LLP secured nearly $58,000 in wrongful dismissal damages for our client, Marco Stevens, in the case of Stevens v. Port Coquitlam (City), a matter that was heard at the Supreme Court of British Columbia.

Our firm successfully argued that Stevens didn’t meet the requirements necessary to be fired for cause by the City of Port Coquitlam.

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Facts of the case

• In March 2013, Stevens begins working for the Utilities Department at the City of Port Coquitlam as a unionized employee (Trades I).
• In 2018, the City of Port Coquitlam becomes aware that some unionized employees have been involved in a scheme to steal copper from the municipality and sell it for a profit. An in-depth investigation is launched to look into the “Copper Scandal”.
• Around June 2018, Stevens is observed on surveillance cameras using the water and hose in the City’s Public Work’s Yard to wash his personal vehicle.
• During an informal conversation with his direct manager, Stevens is advised that he shouldn’t wash his personal vehicle in the City’s Public Work’s Yard again.
• In an effort to address oversight issues identified in the Copper Scandal, the City of Port Coquitlam creates a new non-union Superintendent position for each of its departments.
• In October 2018, Stevens is recruited for the non-union Utilities Superintendent position and successfully secures the promotion.
• Around November 2020, a unionized employee sees Stevens washing his personal vehicle and RV in the City’s Public Work’s Yard. When asked by the worker if he can also wash his personal vehicle here, Stevens tells him it’s “frowned upon.”
• After the conversation, the unionized employee is apparently observed washing his personal vehicle in the City’s Public Work’s Yard. When confronted by management, he claims that Stevens told him it was okay.
• On November 24, 2020, Stevens’ direct manager asks him if he washed his personal vehicle again in the City’s Public Work’s Yard. Stevens admits to doing it and apologies to his manager as well as the Manager of the Public Works Department.
• On November 25, 2020, Stevens is told during a meeting with management that his employment is being terminated for cause, effective immediately, because he breached the City of Port Coquitlam’s Use of Municipal Equipment (UME) and Conflict of Interest (COI) policies.
• Immediately after his termination, Stevens begins searching for comparable employment and secures a job with another municipality in March 2021. During the hiring process, Stevens’ direct manager at the City of Port Coquitlam provides him with a positive reference.

The Court’s Decision

The B.C. Supreme Court agreed with Samfiru Tumarkin LLP’s argument that Stevens’ conduct — washing his personal vehicle in the City’s Public Work’s Yard — didn’t meet the requirements necessary to be fired for cause.

In order to justify this type of dismissal, employers in B.C. have to prove progressive disciplinary measures were applied and that a less severe punishment would be inappropriate.

However, Justice Bruce Elwood found it was unreasonable for the City of Port Coquitlam to conclude that a lesser disciplinary measure (i.e. suspension without pay) wouldn’t have effectively deterred Stevens, and other employees, from engaging in similar misconduct in the future.

Prior to the trial, both parties agreed that Stevens’ wrongful dismissal damages would be based on his contractual entitlement of six months’ pay in lieu of working notice.

As a result, the court awarded Stevens $57,910.56 in compensation.

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Long and successful tenure

Throughout his years with the City of Port Coquitlam, Stevens had not received any formal warnings or disciplinary action from management.

The court took note of his honest, contrite, and apologetic response when he was confronted with washing his personal vehicle in the City’s Public Work’s Yard again.

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Disproportionate response by the City

The City of Port Coquitlam noted that six unionized employees involved in the Copper Scandal were fired for cause because they breached the City’s UME and COI policies.

Since Stevens also breached these policies, the City argued that he had to be subjected to the same consequences for his misconduct.

However, Justice Elwood agreed with Samfiru Tumarkin LLP that Stevens washing his personal vehicle in the City’s Public Work’s Yard wasn’t the same as six unionized employees conducting a scheme to profit from the theft of municipal property.

The court found that a lesser punishment for Stevens wouldn’t have been viewed as a “double standard” by other staff members at the City.

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• Can I get my job back after I am fired?
• Can my employer hire for my position if I haven’t been fired yet?

Lesson for employees

• If you are fired “for cause”, you may have been wrongfully dismissed: In most cases, non-unionized employees in B.C. don’t meet the requirements necessary to be fired for cause and are owed full severance, which can be as much as 24 months’ pay. If Stevens didn’t challenge his termination, he would have missed out on nearly $58,000 in wrongful dismissal damages that he was legally entitled to. An experienced B.C. employment lawyer at Samfiru Tumarkin LLP can help you determine if you should have been fired for cause, enforce your workplace rights, and ensure that you receive the compensation you deserve.

Lesson for employers

• Consult an employment lawyer before firing non-unionized staff: Employers in B.C. should always speak with an employment lawyer, like the ones at Samfiru Tumarkin LLP, before terminating a non-unionized employee with or without cause. While the City of Port Coquitlam believed Stevens should receive the same punishment as the six unionized employees involved in the Copper Scandal, the B.C. Supreme Court ultimately found that he didn’t meet the requirements necessary to be fired for cause. Since each employment matter is unique, a thorough review by our team will ensure that laws aren’t being broken and that the employee’s rights have been taken into account.

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 employment lawyers in BC can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are owed.