The plaintiff, a tow truck operator, sued for wrongful dismissal after being summarily terminated without notice following five and a half years of service.
The defendant employer alleged just cause, claiming the plaintiff stole gas and engaged in other misconduct.
The court found the employer failed to prove the allegations on a balance of probabilities and failed to provide the plaintiff an opportunity to respond before termination.
The court also determined the plaintiff was an employee, not an independent contractor, and awarded six months' pay in lieu of notice plus unpaid vacation pay, totaling $19,860.75.
