The plaintiff, a warehouse attendant at a dairy distribution center, was terminated for cause after being caught on video vaping inside the facility.
The employer argued this violated company policies, food safety regulations, and the Smoke Free Ontario Act, 2017.
The court found that the employer failed to establish the plaintiff knew vaping was prohibited under the general no-smoking policy, as the policy did not explicitly mention vaping and the required statutory signage had not yet been posted.
The court concluded that termination was a disproportionate response and that progressive discipline should have been applied.
The plaintiff was awarded four months' pay in lieu of notice, less mitigation earnings.
