A Burnaby construction company has been ordered to pay an ex-employee $81,100 for wrongful dismissal.
Kavita Lefebvre was filling an 18-month parental leave position at Gisborne Holdings Ltd. in July 2022, when the company fired her over an email she sent to human resources manager Ian Gibson, according to a B.C. Supreme Court ruling last month.
The industrial construction company, which has an office at 7476 Hedley Ave. in Burnaby, alleged the email was "borderline insubordinate" and caused an "irreconcilable breakdown of the employment relationship," the ruling said.
The missive was sparked by a "testy" exchange Lefebvre had had with the company's biggest client in June 2022.
She reported the conversation to her manager, Maegan Teunissen, right away, and a meeting was called a few days later with Lefebvre, Gibson and Teunissen.
After the meeting, Gibson sent an email to the two women summarizing the topics and action plan discussed at the meeting.
A few days later, Lefebvre then responded with the email that got her fired.
"My expectation is that all parties concerned will be held to the same standard, and that the courtesy, honesty, and accountability that I extend will be reciprocated," she said at the end of the email. "I too, look forward to positive outcomes and to cordial and professional working relationships and it is my hope that we all work towards this."
Gibson and Teunissen were both "shocked" at the tone and content of the email, according to the ruling, but B.C. Supreme Court Justice Julianne Lamb ruled it did not constitute just cause for dismissal.
"The email was direct and strongly worded, but it was not rude or unprofessional," Lamb said. "Ms. Lefebvre appropriately addressed her concerns about Ms. Teunissen exclusively to Mr. Gibson. Ms. Lefebvre did not share her concerns with anyone other than Mr. Gibson nor did she undermine Ms. Teunissen's authority with other employees. Ms. Teunissen may have been offended by Ms. Lefebvre's email, but progressive discipline, rather than summary termination, would have been a reasonable response."
Lamb noted the company had a progressive discipline policy but hadn't followed it in Lefebvre's case.
"Ms. Lefebvre received no warning, reprimand or any other form of discipline prior to termination," she said.
Lamb awarded Lefebvre $81,100 in damages.
Lefebvre had also sued for "punitive" damages for the manner of her dismissal and the "baseless" allegation of cause, but Lamb declined to grant those claims.
"I find no 'marked departure from decent behaviour' that would justify an award of punitive damages," she said.
Follow Cornelia Naylor on Twitter @CorNaylor
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