Schatroph v. Preston Chevrolet Oldsmobile Cadillac Ltd., 2003 CarswellBC 398 (B.C.S.C.)
Doug Schatroph was hired in mid-2000 as a mechanic in Preston's service department earning $2,500 per month. As is usual in the industry, Schatroph brought his own tools with him when he began working for Preston. The practice for most mechanics is to leave their tools locked up at their workplace.
On Oct. 6, 2001, Schatroph took two weeks of paid vacation. With the permission of Preston's management, he also took two weeks of unpaid leave directly after his vacation. Schatroph was absent from work Nov. 6 when a thief entered the service department and stole many of Schatroph's tools.
The judge found it was likely the thieves entered through a set of unlocked doors at the north end of the service department. Because he had no tools, Schatroph could not return to work. On Dec. 21 Schatroph received a formal notice of termination from Preston.
The judge first stated that considering the work environment and the usual industry practices, the owner of the service shop had a duty to exercise a degree of reasonable care and diligence when they were in the custody of a mechanic’s tools.
In this situation the unlocked doors were grossly negligent and amounted to a breach of Preston’s duty to Schatroph. The judge disagreed with Schatroph’s claim that Preston had offered to provide tool-theft insurance. But Preston did not sufficiently protect Schatroph's tools from being stolen, Schatroph was awarded $13,532 for the value of the tools lost independent of the wrongful dismissal claim.
After Nov. 6, Schatroph was unable to return to work because he had no tools to work with. The judge stated that Schatroph never repudiated his contract with Preston. Preston terminated Schatroph’s employment.
Thus the judge found he should have been given reasonable notice, or six-weeks’ notice, amounting to $3,750. Thus, in total, Schatroph was awarded $17,282 for his notice period and the value of the tools lost.
Doug Schatroph was hired in mid-2000 as a mechanic in Preston's service department earning $2,500 per month. As is usual in the industry, Schatroph brought his own tools with him when he began working for Preston. The practice for most mechanics is to leave their tools locked up at their workplace.
On Oct. 6, 2001, Schatroph took two weeks of paid vacation. With the permission of Preston's management, he also took two weeks of unpaid leave directly after his vacation. Schatroph was absent from work Nov. 6 when a thief entered the service department and stole many of Schatroph's tools.
The judge found it was likely the thieves entered through a set of unlocked doors at the north end of the service department. Because he had no tools, Schatroph could not return to work. On Dec. 21 Schatroph received a formal notice of termination from Preston.
The judge first stated that considering the work environment and the usual industry practices, the owner of the service shop had a duty to exercise a degree of reasonable care and diligence when they were in the custody of a mechanic’s tools.
In this situation the unlocked doors were grossly negligent and amounted to a breach of Preston’s duty to Schatroph. The judge disagreed with Schatroph’s claim that Preston had offered to provide tool-theft insurance. But Preston did not sufficiently protect Schatroph's tools from being stolen, Schatroph was awarded $13,532 for the value of the tools lost independent of the wrongful dismissal claim.
After Nov. 6, Schatroph was unable to return to work because he had no tools to work with. The judge stated that Schatroph never repudiated his contract with Preston. Preston terminated Schatroph’s employment.
Thus the judge found he should have been given reasonable notice, or six-weeks’ notice, amounting to $3,750. Thus, in total, Schatroph was awarded $17,282 for his notice period and the value of the tools lost.
