Executive Summary: Key Legal and Evidentiary Issues

• The plaintiff was wrongfully dismissed by FMSS, with no just cause proven and dismissal found to be disproportionate.

• FMSS failed to follow its own corrective discipline policy, including omitting a post-investigation meeting or written termination notice.

• Alleged safety violations lacked evidentiary support; FMSS had no clear policy on navigating water hazards, and driving through water was common practice.

• The court found no failure to mitigate, as FMSS presented no proof that comparable jobs were available or that Rodrigues’s job search was unreasonable.

• Rodrigues was awarded damages for unpaid suspension, as FMSS had no express or implied right to suspend without pay.

• The $19,419.96 counterclaim was dismissed due to lack of evidence on causation and quantum of alleged profit loss.

Background of the dispute

Benjamin Rodrigues was employed by Fort McKay Strategic Services LP and Fort McKay Strategic Services Ltd. (collectively FMSS) from June 19, 2008, until his termination on June 18, 2020. He worked primarily as a Fuel and Lubricant Technician (FLT), a labourer position requiring only a high school education and a Class 5 driver’s license. FMSS provided services at Canadian Natural Resources Ltd.’s Muskeg River Mine (MRM), where Rodrigues worked shifts using a CNRL-owned one-ton service truck.

On the night of June 7, 2020, Rodrigues was instructed to assist another employee by accessing a washcar generator located in a waterlogged area of the mine. FMSS Dispatch had already warned that one road was blocked, so Rodrigues took an alternative route after checking its condition with a co-worker who had used it the previous evening. While cautiously attempting to cross standing water, Rodrigues’s truck stalled and became partially submerged. He was later rescued, and the incident was reported and investigated.

Rodrigues underwent post-incident drug and alcohol testing (which was negative) and completed an interview the following day. He was immediately placed on unpaid suspension. On June 18, 2020, FMSS terminated him by phone, citing breach of a “no tolerance” policy.

Rodrigues commenced a wrongful dismissal claim seeking:

• $137,505.00 in damages for 15 months’ notice,

• $2,622.45 in unpaid wages during suspension,

• $25,000.00 in punitive damages,

• $1,000.00 in mitigation expenses,

• interest and costs.

FMSS denied liability, claimed just cause for termination, asserted Rodrigues failed to mitigate his damages, and counterclaimed for $19,419.96 in lost profits due to the truck being out of service for 61 days.

Policy terms and conduct at issue

FMSS relied on various internal policies, including its Termination of Employment Policy and Corrective Action and Discipline Policy. However, the court found that:

• No FMSS policy addressed how employees should assess the depth of water hazards while driving.

• The so-called “no tolerance” policy cited at the time of dismissal did not formally exist.

• FMSS failed to follow its own disciplinary procedures, such as providing a written termination letter or holding a post-investigation meeting with the employee.

The employer alleged that Rodrigues violated safety procedures, exercised poor judgment, and exposed himself and others to risk. However, the evidence showed that:

• Driving through accumulated water was common at the site.

• The truck had mechanical issues before the incident (“check engine” light was on).

• No other employee involved in similar conduct that night was disciplined.

• FMSS’s own witnesses confirmed that such driving behavior was standard practice.

Decision and outcome

Justice D.J. Kiss granted summary judgment in favour of Rodrigues and dismissed the FMSS counterclaim. The court concluded:

• Wrongful dismissal: Rodrigues was terminated without just cause. His conduct was not serious misconduct. The employer’s response—termination—was not proportionate. FMSS also failed to adhere to its internal policies, including omitting post-investigation steps and not issuing a written termination letter.

• Damages in lieu of notice: The court awarded $92,416.40 based on a 10-month reasonable notice period, calculated from Rodrigues’s 2020 T4 earnings of $49,051.77 over approximately 23 weeks.

• Unpaid suspension: The court awarded $2,622.45 for wages during the unpaid suspension period (June 8 to June 18, 2020), finding no contractual or policy basis for unpaid leave.

• Mitigation: The claim that Rodrigues failed to mitigate his damages was rejected. While Rodrigues only applied to a few positions, most required Class 1 or 3 licenses, which he did not possess and could not afford to obtain. FMSS failed to prove that suitable jobs were available or that Rodrigues would have secured one with reasonable effort.

• Punitive damages: Denied. FMSS’s actions did not rise to the level of egregious or malicious conduct, even though the dismissal process was flawed.

• Mitigation expenses: Denied. Rodrigues sought $1,000 for obtaining a Class 4 license for a taxi job, but failed to provide supporting evidence, and the cost was incurred outside the 10-month notice period.

• Counterclaim: FMSS’s $19,419.96 counterclaim was summarily dismissed. The employer provided no documentary support for its damage calculations or for the truck’s unavailability and repair timeline. There was also no evidence that Rodrigues’s actions caused the truck’s issues.

Justice Kiss awarded Rodrigues pre-judgment interest under the Judgment Interest Act and invited further submissions on costs if not resolved between parties.