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ARTICLE · 20 JUNE 2018

Termination For Off-Duty Conduct

Integritas Workplace Law Corporation
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In the recent decision of Klonteig v. West Kelowna (District), 2018 BCSC 124, the BC Supreme considered when an employer could terminate the employment relationship based on off-duty conduct.

CanadaEmployment and HR
Heather Hettiarachchi, LL.B M.Sc
Heather Hettiarachchi, LL.B M.Sc

In the recent decision of Klonteig v. West Kelowna (District), 2018 BCSC 124, the BC Supreme considered when an employer could terminate the employment relationship based on off-duty conduct.

Background

Mr. Klonteig was the Assistant Fire Chief for the City of West Kelowna (the "Employer"). Prior to taking up the position with the Employer, he had worked for the City of Kelowna for 13 years. In all, Mr. Klonteig had been a firefighter for about 23 years.

In the early morning hours of October 7, 2013. as he was driving home with his wife, Mr. Klonteig was pulled over by an RCMP officer on suspicion of impaired driving. At the time, Mr. Klonteig was driving the vehicle of the Employer's Fire Chief even though he was off duty. When Mr. Klonteig failed a roadside breathalyzer test twice, the officer impounded the vehicle and issued Mr. Klonteig a 90-day administrative driving prohibition.

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