Skip to Content

Manufacturing

Failure to investigate employee’s story leads to finding of wrongful dismissal

Jurisdiction: - British Columbia
Sector: - Manufacturing

In Tymko v. 4-D Warner Enterprises Ltd., 2018 BCSC 372, the BC Supreme Court ruled on a wrongful dismissal case arising out of a train derailment. The defendant alleged the plaintiff, a switchman, did not properly clear the tracks. The plaintiff claimed he did not receive appropriate training on what to do in the particular situation that led to the derailment.

Part of the plaintiff's story was that his radio must not have been working as the driver did not respond to his verbal cues to stop the train. The defendant alleged the plaintiff manufactured this excuse to cover up his neglect of duties.

The trial judge expressed reservations about the plaintiff's version of events, but found that the defendant's failure to investigate this ‘important claim’ must result in the plaintiff being given the benefit of the doubt.  read more »

Employee failed to mitigate by retraining rather than apply for comparable roles available at former employer

Jurisdiction: - Ontario
Sector: - Manufacturing

In Benjamin v Cascades Canada ULC, 2017 ONSC 2583, a decision issued on April 27, 2017, the Superior Court of Justice - Ontario found that the plainitff former employee, Benjamin, failed to reasonably mitigate his damages by choosing to retrain rather than apply for the comparable positions available to him at his former employer, Cascades.

Specifically, the court stated:

[161]      It is not contested that there were comparable jobs available for Benjamin to seek at Cascades, given the comparable remuneration and his work experience as an unskilled general labourer. It is not contested that Benjamin "could have" procured any of the three available comparable positions.  read more »