Canadian Tire’s poor treatment of employee in firing him leads to Wallace damages

Long-time department manager shown the door to allow another employee to fill the position
|Canadian Employment Law Today

A Canadian Tire employee should not have been fired and the way he was treated entitled him to extra damages, the Saskatchewan Court of Queen’s Bench has ruled.

Stewart Schwindt was the service manager of a Canadian Tire store in Regina. He had worked at that store from 1976 to 1993, left with a full severance, and returned in 1996 at the request of the store’s new president, Neil Sulkers. However, by 2003, Sulkers wasn’t happy with the shrinking profit margin of the automotive department and he felt Schwindt hadn’t been able to control the mechanics’ wage costs. He claimed he had asked Schwindt for “a proper business plan” with suggestions to improve the situation but Schwindt didn’t present the plan when asked.

During this time, Sulkers was also talking to another employee of the store about replacing Schwindt. In September 2003, he convinced the employee to take the job.