11 Jan 2024

Lagala v. Patene Building Supplies Ltd

Firms involved

Not specified

Plaintiff

Shari Lagala
Law Firm
Not specified
Lawyer(s)

Alex MacDonald

Defendant

Patene Building Supplies Ltd.
Law Firm
Not specified
Lawyer(s)

Andrew Camman

Jennifer Hahn

  • Facts: Shari Lagala, former Health Safety and Training Manager at Patene Building Supplies Ltd., was terminated for cause following a disputed workplace injury claim. She reported a fall in March 2019 but did not formally report it to her supervisors until October 2019, leading to an investigation and subsequent termination.
  • Issues:
    • Whether Lagala’s employment was terminated for just cause.
    • Entitlement to punitive damages.
    • Reasonable notice period.
    • Defendant’s counterclaim over an alleged unpaid loan.
  • Ruling: The court dismissed both Lagala's wrongful dismissal claim and the defendant's counterclaim for the loan repayment.
  • Key Points:
    • The court questioned Lagala's credibility and reliability, especially concerning the timing and reporting of her workplace injury.
    • It was found that her failure to timely report the accident and her actions afterward breached corporate policies and placed her in a conflict of interest.
    • The defendant had cause to terminate employment due to dishonesty, serious conflict of interest, breach of fiduciary obligations, and potentially fraudulent conduct.
  • No financial terms specified.

Court

Superior Court of Justice - Ontario

Case Number

CV-20-3-0

Practice Area

Labour & Employment Law

Amount

Winner

Defendant

Trial Start Date

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