Employer loses criminal case, but was justified in firing manager who stole from vault

|Canadian Employment Law Today

Gibbons v. West Fraser Home Centre Inc., 2004 CarswellBC 1514, 34 C.C.E.L. (3d) 268, 2004 BCSC 888 (B.C. S.C.)

Tony Gibbons worked for more than five years for West Fraser Home Centre Inc., a chain of home, garden and construction supply stores in British Columbia. He started as a sales clerk with the company and worked his way through the management hierarchy. One of his responsibilities, as “manager on duty,” involved securing the cash in the vault at the end of the business day and setting the alarm before leaving the store.

In May 6, 2001, a cash envelope known as the “skim” containing $1,750 went missing from the store’s secured cash area. A search of the store did not find it.