R. Konduros

The defendant employer brought a motion for summary judgment to dismiss the plaintiff's wrongful dismissal claim.

The defendant argued the claim was based solely on the Employment Standards Act and that the plaintiff sued prematurely before the 35-week temporary layoff period expired.

The court dismissed the motion, finding the statement of claim was broad enough to encompass common law claims, including allegations of deceit regarding the layoff notice, and that genuine issues of credibility required a trial.

The plaintiff, a production supervisor with 19 years of service, brought an action for wrongful dismissal after being terminated for cause.

The employer alleged that 1500 defective camshafts were produced on the plaintiff's shift, and that the plaintiff was dishonest during the subsequent investigation.

The court found on a balance of probabilities that the defective parts were indeed produced on the plaintiff's shift and that the plaintiff lied about his involvement.

Applying the McKinley test, the court held that the plaintiff's failure to properly supervise the line, combined with his dishonesty and prior disciplinary record, constituted serious misconduct that struck at the heart of the employment relationship.

The action was dismissed.