ARTICLE · 04 JULY 2018

Off-Duty Drunk Driving Not Just Cause For Termination – Even For A Firefighter

Stringer LLP

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In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause...

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In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

The Facts

The employee had been a firefighter with the employer for 13 years. For the last three years of his employment, he had been Assistant Fire Chief.

The employee had been a very well-respected firefighter, and had received positive performance reviews for many years which recognized him as a strong leader.

While the employee was off duty, he was pulled over for suspected impaired driving, and failed two breathalyser tests. His licence was administratively suspended for 90 days.

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