The plaintiff, a 55-year-old Night Shift Supervisor with 17 years of service, sued for wrongful dismissal after being terminated for cause without notice.
The employer alleged the plaintiff engaged in time theft and fraud by 'topping up' employees' hours.
The court found that the 'topping up' practice was a long-standing, unwritten institutional practice used by all supervisors to align with a union contract guaranteeing 40 hours of work per week.
The court concluded the employer failed to establish just cause for termination.
The plaintiff was awarded 19 months' pay in lieu of notice, plus an additional 14 months' extended notice due to the employer's bad faith conduct during the dismissal, for a total of 33 months' notice.
