Case Note: After-Acquired Cause For Dismissal Considered In Summary Judgement Application

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.