In Austin v. Kitsumkalum First Nation, 2020 BCSC 2298, Justice Groves had a situation of a 15 year School Principal in a First Nation school who gave notice of resignation 11 months in advance saying that she was leaving in November. The Employer turned around and terminated her in June, 5 months before her resignation date, and did not allege just cause at that time. The Plaintiff sued only for the 5 months. The Employer then alleged all sorts of criminal behaviour and alleged that it was after acquired cause.
The case discussed in this article is both an encouraging sign for employers who are victims of employee theft, as well as a warning.
It has probably happened to most of you. It’s noon, you’re hungry, and that amazing Dagwood-esque sandwich that you got up early to prepare for your lunch is waiting for you in the workplace fridge. Except that it’s not, it’s been stolen, scarpered, misappropriated by one of your colleagues.