A long‑serving dealership manager brought a wrongful dismissal action after his employer terminated him for alleged alcohol use at work and for allegedly driving company vehicles while impaired.
The employer relied on complaints from staff and a purported zero‑tolerance policy on alcohol consumption during work hours.
The court found the allegations vague, unsubstantiated, and largely unsupported by the evidence, and determined that the alleged policy had never been clearly communicated or incorporated into the employment contract.
Applying the contextual approach to just cause from McKinley and proportionality principles from Dowling, the court held that the conduct did not justify summary dismissal and that progressive discipline would have been appropriate.
The plaintiff was awarded damages based on five months’ reasonable notice.
