A B.C. social worker’s bid for damages following the abrupt end of his employment was dismissed by a tribunal after it found his employer had failed to prove just cause but had already provided sufficient compensation.
H.S., who had been working for Okanagan National Alliance on a temporary basis, claimed he was wrongfully terminated for an offhand remark at a Christmas party. The tribunal concluded H.S. had indeed been wrongfully dismissed, yet also found the one month’s pay he received satisfied any legal entitlement, bringing the dispute to a close without further damages.
‘Oh, I thought you were the secretary’
H.S. was hired by Okanagan National Alliance to cover a maternity leave, beginning his role in late August as a Family Decision Making Coordinator. According to the evidence, there was no discipline on file during H.S.’s three-month probationary period, and the role continued beyond that point without incident.
In mid-December, however, during a holiday gathering, human resources manager D.L. introduced H.S. to the organization’s executive director, P.T. The meeting took a sudden turn when H.S. greeted P.T. by saying, “Oh, I thought you were the secretary.”
Fired the next day
The tribunal accepted that the remark resulted in an “immediately awkward” moment, as described in the record. P.T. reportedly walked away, followed by D.L. The next day, Okanagan National Alliance ended H.S.’s employment, characterizing the incident as workplace harassment and citing it as grounds for termination with cause.
In a written termination note included in the evidence, the employer stated: “The demeaning remark leveled at the highest authority within the Okanagan National Alliance and the severity thereof, constituted gross insubordination, did not warrant progressive discipline, and justified termination of the employee in this maternity backfill arrangement.”
Honest mistake?
H.S. argued he had made an honest mistake because, on his first day, he met someone at the front desk who helped him obtain keys for a fleet vehicle. He believed that individual was P.T. and that they would recall the interaction. H.S. maintained he never intended any disrespect and was simply caught off guard when P.T. said they did not recall meeting him.
The organization, however, insisted H.S. invented the story after the incident, underscoring that P.T. denied ever encountering him at the front desk. O.N.A. said its “internal investigation” justified the outcome.
Workplace harassment policy
A central question was whether the employer followed its own workplace harassment policy. The tribunal pointed to the policy’s stipulation that reports involving harassment must be investigated, with notes kept on any conversations.
While the Okanagan National Alliance stated it had undertaken an internal probe, it offered no details about interviews or evidence-gathering steps. “[Okanagan National Alliance] does not say who performed the investigation or what steps they took,” the decision reads. The lack of documentation prompted the tribunal to conclude there was little proof the employer followed through on its formal obligations.
In its submissions, the employer acknowledged that, beyond H.S.’s final paycheque, it had already paid him one month’s wages on “compassionate” grounds. The organization described this payment as a “severance payout,” clarifying it was made without admission of liability and without setting any precedent.
This additional sum totalled $3,732.93 after standard deductions and a further $330 deduction for a travel advance. H.S. did not file a reply regarding the payment, and no evidence was presented to show he considered it a complete settlement of his claim.
Comment ‘awkward and ill-advised’
On the wrongful dismissal issue, the tribunal found O.N.A. had not established that H.S.’s single remark constituted “an irreparable breakdown in the employment relationship.”
Although the comment was called “awkward and ill-advised,” there was no record of previous misconduct on H.S.’s part, nor any indication Okanagan National Alliance had offered him a chance to explain, apologize or remedy the situation in line with its own policy. Given the absence of corroborated evidence from a workplace investigation, the tribunal determined H.S. was wrongfully terminated.
Remedy
However, the crucial outcome for H.S. rested on the question of remedy. At the time of his dismissal, he had been employed by O.N.A. for only three-and-a-half months in a time-limited role tied to a maternity leave. No details were provided regarding H.S.’s age, skill set, or prospects for alternative employment.
The tribunal noted that when an employee is terminated without just cause, damages typically equal what would have been earned during a notice period. In this context, one month’s pay was deemed reasonable, meaning H.S. had effectively received the compensation he was owed.
Since the severance payout Okanagan National Alliance had already provided matched that minimum threshold, the tribunal dismissed H.S.’s demand for additional damages. It found no basis for further compensation under the common law of wrongful dismissal. The tribunal also addressed H.S.’s separate assertion of “mental harassment and suffering,” clarifying that there is no recognized tort of harassment in British Columbia. As a result, that aspect of his claim could not succeed.
The upshot for employers and employees is that even a single ill-considered remark may become a flashpoint for discipline, but a failure to honour internal policies can undermine just-cause terminations.
Ultimately, the tribunal’s written decision dismissed H.S.’s claims in their entirety. It ordered no additional payments or penalties against Okanagan National Alliance, and no costs were imposed on any party. H.S. was therefore left without further damages, while the employer received confirmation that its severance payment satisfied the legal obligation to provide reasonable notice, despite the determination that the dismissal itself was unjustified.
For more information, see Singh v. Okanagan National Alliance, 2025 BCCRT 141 (CanLII).