The Supreme Court of British Columbia has dismissed a wrongful dismissal claim brought by a former project manager at Solid Rock Steel Fabricating, finding that his termination was for cause due to time theft and insubordination.
A.B., who had worked for Solid Rock for more than 20 years, was dismissed in January 2024 after an internal review determined he had falsely reported his hours worked and taken unauthorized time off despite being instructed otherwise.
He alleged that his dismissal was without cause and sought damages exceeding $200,000, plus aggravated and punitive damages. Solid Rock maintained that the dismissal was justified.
Time theft allegations
The court found that A.B. had engaged in time theft by routinely adding 30 minutes per day to his recorded work hours to account for coffee breaks he did not take.
Solid Rock’s policy did not provide paid coffee breaks, and A.B. had been explicitly told in May 2022 to stop the practice. Despite this instruction, his 2023 reconciliation of hours worked included the unauthorized additional time, resulting in an overstatement of 105 hours.
“The plaintiff was deliberately deceitful and dishonest in the reporting of his hours worked,” the court stated, emphasizing that Solid Rock’s compensation for extra hours was based on an honour system and required employees to accurately track their time.
Unauthorized absence
A.B.’s dismissal was further justified by what the court deemed “flagrant” insubordination. In late November 2023, he unilaterally informed his employer that he would be taking the rest of the year off using his accumulated extra hours.
Solid Rock’s general manager, J.H., explicitly denied the request both in writing and in a face-to-face meeting, stating that the extra time would need to be paid out instead.
Despite this, A.B. insisted he would take the time off regardless. In a follow-up email, J.H. reiterated that the request was not approved. The court rejected A.B.’s argument that this constituted implicit approval, concluding that he knowingly disregarded his employer’s decision.
“The plaintiff was openly defiant to his superior and was goading him to ‘let him go,’” the court noted, adding that his conduct fundamentally undermined the employment relationship.
Dismissal upheld
The court ruled that both the time theft and insubordination were sufficient grounds for termination without notice. Given the seriousness of A.B.’s conduct and the breakdown in trust, the court found that warnings were not required. It also determined that Solid Rock had not condoned A.B.’s behaviour, as the company took immediate action upon discovering the time theft.
As a result, A.B.’s wrongful dismissal claim was dismissed.
For more information, see Basic v Solid Rock Steel Fabricating Co. Ltd., 2025 BCSC 287 (CanLII).
