The BC Court of Appeal upheld the dismissal of an action brought
by a senior project manager terminated without cause on 4
weeks' notice in Van den Boogaard v Vancouver Pile Driving
Ltd., 2014 BCCA 168. A summary judgment application
initiated by the manager failed when the trial judge found
after-acquired cause for dismissal, in the form of text messages on
the manager's company cell phone soliciting illegal drugs from
an employee under his direct supervision. The trial judge noted
that the manager had been responsible for the creation/enforcement
of policies relating to workplace safety, legal and regulatory
risks and drug use in a high risk, safety-sensitive, heavily
regulated industry. The manager's conduct went to the root of
the employment relationship and that the relationship could not be
restored in the circumstances.
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