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ARTICLE · 05 MARCH 2018

Can You Fire a Drunk Driver?

What is the appropriate sanction for an employee who is caught driving while impaired in a company vehicle? Should they be fired?

CanadaEmployment and HR
EKB Edwards, Kenny & Bray LLP
EKB Edwards, Kenny & Bray LLP
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What is the appropriate sanction for an employee who is caught driving while impaired in a company vehicle? Should they be fired? The answer might seem obvious (fire them!), but employers need to be careful about making such impulsive reactions. They must consider all of the circumstances before making that call.

In the recent case of Klonteig v. District of West Kelowna, 2018 BCSC 124, the Supreme Court of British Columbia held that it was not appropriate to fire the employee. In this case, Mr. Klonteig was an Assistant Fire Chief with the City of Kelowna. He was off duty but was driving a city-owned vehicle with the permission of the Fire Chief. Throughout his 13-year career as a Kelowna firefighter, including his years as Assistant Fire Chief, Mr. Klonteig was an exemplary employee and had a pristine disciplinary record. The evidence showed that he was very well respected by the Kelowna firefighters, including those in the upper ranks. The court found that, by all

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