A former shelter worker has been awarded $2,153.13 after the B.C. Civil Resolution Tribunal found that the Lillooet Friendship Centre Society (LFCS) wrongfully terminated his employment.
The case centred on whether the worker, G.L., was dismissed for cause or without proper notice, and whether he was entitled to damages for mental distress.
The dispute arose when G.L., who had been employed as a shelter worker for just over seven months, was terminated by LFCS without notice or pay in lieu of notice. LFCS contended that he was terminated for cause, citing multiple instances of missed shifts and tardiness. However, the CRT, led by Tribunal Member Deanna Rivers, found that LFCS failed to provide sufficient evidence to justify the termination for cause.
G.L. argued that his termination was sudden and without cause, leading to anxiety, depression, and a loss of workplace confidence. He sought $5,000 in damages, including compensation for mental distress.
LFCS, represented by its executive assistant, presented evidence that G.L. had missed five shifts and was late on two occasions. The society argued that these absences were the primary reason for his dismissal, particularly focusing on a missed shift on Jan. 19, 2023. Despite these claims, the tribunal found LFCS’s evidence lacking in critical areas.
Progressive discipline
The tribunal highlighted the importance of progressive discipline in employment law, noting that while absences and tardiness could constitute grounds for dismissal, the employer must demonstrate that the employee was clearly warned that their job was at risk. In this case, LFCS failed to provide specific details about the alleged warnings or evidence that G.L. was made aware of the potential consequences of his actions.
“I find that LFCS has not proved that (his) employment was terminated for cause,” Rivers stated in the decision. Without adequate proof of just cause, the tribunal turned to the issue of reasonable notice.
Reasonable notice
Reasonable notice in employment law typically considers factors such as the employee’s age, the nature of the position, length of service, and the availability of similar employment — also known as the Bardal factors.
Although the tribunal acknowledged the significance of G.L.’s role as a shelter worker, it also noted the lack of specialized training or education required for the position. Given his seven months of service, the tribunal awarded him three weeks’ pay in lieu of notice, amounting to $1,836.
LFCS did not dispute the requirement for reasonable notice but maintained that they had no obligation to provide it due to the alleged cause for termination. The tribunal’s decision, however, refuted this, leading to the award in G.L.’s favour.
Damages for anxiety, depression
G.L. also sought damages for anxiety, depression, and other mental health issues he claimed were a direct result of his termination. The tribunal was clear in its assessment that to claim damages for mental distress beyond the usual upset from losing a job, there must be evidence of a serious and prolonged disruption to the individual’s life.
G.L. presented a note from his general practitioner regarding abdominal issues but failed to provide any medical evidence linking these issues to the termination of his employment.
“I find (he) has not proved mental distress, including anxiety, depression, or loss of workplace confidence,” Rivers concluded, dismissing this aspect of his claim.
In addition to the damages in lieu of notice, the tribunal awarded Leclerc $142.13 in pre-judgment interest and $175 in CRT fees, bringing the total amount LFCS was ordered to pay to $2,153.13.
For more information, see Leclerc v. Lillooet Friendship Centre Society, 2024 BCCRT 789 (CanLII).
