Manager’s drink at lunch not a breach of vague zero tolerance policy: Court

Alcohol on auto manager’s breath leads to months of allegations, vague threats — but ends up with $48,000 in wrongful dismissal damages in Ontario
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 02/22/2016

An Ontario employer’s vague policy and unsubstantiated allegations were not enough to constitute just cause to dismiss an employee for drinking on the job, the Ontario Superior Court of Justice has ruled.

Larry Volchoff, 66, had been a manager at Wright Auto Sales, an automobile dealership in Cambridge, Ont., since 2012. Volchoff ran the dealership, conducted his own sales and supervised staff at the dealership. He scheduled his own hours but worked six days per week. During Volchoff’s tenure, the dealership increased its sales.