Taking an employee up on his offer

|Canadian Employment Law Today

Henry v. Foxco Ltd., 2002 CarswellNB 282 (N.B. Q.B.)

In this case the court considered the issue of when a single incident of insolence can constitute just cause for dismissal. Henry was a body repair technician for Foxco Ltd., an automobile dealership. His employment was terminated after nearly eight years of service. At the time of dismissal, Henry was earning $31,200 per year.

On the day Henry was dismissed, he had been assigned to remove decals from two vans. Around mid-afternoon Henry was approached by his supervisor, Graham, who said that he hoped Henry was working on the second van and was not still on the first. Henry became irate at this comment and said at least three times, “If you want to fire me, go ahead and fire me.” Graham first attempted to calm Henry down. When that didn’t work, after being challenged by Henry to fire him several times, Graham eventually did just that.