Onni Property Management Services Inc. v. Campbell, 2002 BCSC 1310 (B.C. S.C.)
Campbell worked for Amacon-Onni Management Inc. doing renovations on one of its apartment buildings. On Feb. 15, 2001, his supervisor told him to remove the door of one of the suites and the belongings in that suite and to place them in storage. Campbell knew there was a dispute with the tenant and was worried what he was asked to do was illegal.
Campbell told his supervisor he could not comply with the directions he had been given without getting legal advice. The supervisor considered this refusal to be insubordination and terminated Campbell’s employment. Campbell was given his vacation pay but was not given any severance.
Campbell brought an action in small claims court for wrongful dismissal. But he had an employment contract with Onni which specifically stated that, upon termination of employment for any reason whatsoever, he would only be entitled to notice in accordance with the B.C. Employment Standards Act and nothing more. Thus his entitlement to damages for wrongful dismissal was limited to the statutory notice period.
The court concluded removing the door to the suite would have been a violation of the Residential Tenancies Act and by instructing him to do this, Onni was asking him to act illegally. But the issue was whether directing him to break the law rendered the employment contract void. The court found Onni was not entitled to ask Campbell to remove the door and terminating his employment for failing to do so was wrongful dismissal.
But the contract clearly stated the termination provision was intended to govern whether the dismissal was for cause or otherwise. Accordingly he was only entitled to damages equivalent to two weeks as stipulated under the act.
Campbell worked for Amacon-Onni Management Inc. doing renovations on one of its apartment buildings. On Feb. 15, 2001, his supervisor told him to remove the door of one of the suites and the belongings in that suite and to place them in storage. Campbell knew there was a dispute with the tenant and was worried what he was asked to do was illegal.
Campbell told his supervisor he could not comply with the directions he had been given without getting legal advice. The supervisor considered this refusal to be insubordination and terminated Campbell’s employment. Campbell was given his vacation pay but was not given any severance.
Campbell brought an action in small claims court for wrongful dismissal. But he had an employment contract with Onni which specifically stated that, upon termination of employment for any reason whatsoever, he would only be entitled to notice in accordance with the B.C. Employment Standards Act and nothing more. Thus his entitlement to damages for wrongful dismissal was limited to the statutory notice period.
The court concluded removing the door to the suite would have been a violation of the Residential Tenancies Act and by instructing him to do this, Onni was asking him to act illegally. But the issue was whether directing him to break the law rendered the employment contract void. The court found Onni was not entitled to ask Campbell to remove the door and terminating his employment for failing to do so was wrongful dismissal.
But the contract clearly stated the termination provision was intended to govern whether the dismissal was for cause or otherwise. Accordingly he was only entitled to damages equivalent to two weeks as stipulated under the act.
