A BC man fired without cause or notice brought a case to the BC Civil Resolution Tribunal to win back wages he claimed he was owed.
According to a decision the tribunal posted online, Jake Carter sought $5,000 in severance pay. He argued that he was contractually entitled to six weeks’ notice or the equivalent amount in wages.
In defence, the company he worked for, Veteran Express Secure Logistics (VEXSL), said that he was entitled to at most four weeks’ worth of wages but that he wasn’t entitled to anything because he never signed a release.
Carter signed an employment contract with VEXSL on March 1, 2021. He started as a driver but went on to become a manager.
At some point in 2023, he accepted a temporary layoff. A termination letter sent to Carter in August 2023 said that VEXSL could not recall Carter for work and ended his employment without cause, effective June 12, 2023. Carter was employed for more than two years.
The termination letter informed Carter that he would be getting paid two weeks’ worth of salary or $2,846.15 plus vacation pay. In exchange for an additional $3,0838.46, Carter would have to sign a release.
“Mr. Carter consulted a lawyer. As documented in the parties’ emails, they disagreed over whether the contract entitled Mr. Carter to four or six weeks’ notice. Mr. Carter also wanted VEXSL to remove a clause in the release requiring him to indemnify VEXSL for any claims or demands from certain government agencies,” the tribunal decision states.
On August 1, 2023, without that signed release, Carter was sent a money transfer worth $4,490.52, which he accepted. That was for four weeks of pay, and Carter claimed he was owed six weeks, which the tribunal agreed on. The tribunal also decided that VEXSL breached the employment agreement by firing Carter without notice.
Ultimately, the tribunal sided with Carter and agreed that he was still owed some unpaid wages.
The BC tribunal ordered VEXSL to pay $3,500.90, which included $2,846.51 in debt for lost wages, $234.61 in damages, and the rest in tribunal fees.