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Punitive damages awarded against employee for theft

Topics: - Punitive Damages - Theft
Jurisdiction: - British Columbia
Sector: - Construction

In the recent case of Premium Weatherstripping Inc. v. Ghassemi, 2017 BCSC 2191, the court awarded damages against a shareholding General Manager and an employee who
conspired together to fraudulently remove products for resale.

The judgment included an award of punitive damages in the amount of $30,000 jointly and severally against the defendants. Unsurprisingly, the court dismissed the employee's wrongful dismissal counterclaim. 

"Is Excessive Internet Use Time Theft?"

"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.

The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia  [2011] B.C.C.A.A.A. No. 125 (Glass) 

"Terminating Employees for Cause: A Review of Recent Cases on Just Cause"

Jurisdiction: - British Columbia

"Terminating Employees for Cause: A Review of Recent Cases on Just Cause" is the title of a paper prepared by Michael R. Howcroft.

The paper was prepared for the Employment Law Conference (Continuing Legal Education Society of British Columbia) in May 2010. Mr. Howcroft is a lawyer at Blake, Cassels & Graydon LLP, in Vancouver, BC,

The paper addresses the following topics:

  • Dishonesty
  • Dishonesty During Investigation

Employer must pay damages to employee for "false imprisonment" during theft investigation

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Kalsi v. Greater Vancouver Associate Stores Ltd. 2009 BCSC 287, the BC Supreme Court awarded a fired employee $6,500 in damages for "false imprisonment" during the employer's theft investigation.

Mr. Kalsi had been employed as a mechanic by a Canadian Tire store for 16 years. He was 36 years old and off work on disability at the time the incident occurred.

Specifically, he was accused by the store's security officer of attending to the store on May 20, 2005 and stealing a light bulb for his vehicle.

After confronting Mr. Kalsi, the security officer told Mr. Kalsi to follow him up to the lunchroom. It was Mr. Kalsi's evidence that, once in the lunchroom:  read more »