‘I'm not hiring him back,’ said GM in response to HR query about Vancouver worker
The British Columbia Supreme Court recently found that a high-end Vancouver steakhouse constructively dismissed a server when its general manager pressured him into resigning — moments before he left for a pre-approved vacation.
The server had worked at the downtown Vancouver restaurant for 4.5 years, earning an average of $6,337.50 monthly in wages and gratuities. In July 2019, he formally obtained approval from the general manager for a six-week leave running from Jan. 27 to March 16, 2020.
The GM approved the request without issue.
Pressured to resign
On Jan. 27, the server stopped by the Black + Blue restaurant to collect his gratuities before heading to the airport to fly to Australia. But the new GM led him into her office, closed the door, printed an "Exit Form," and told him he had to sign it.
He objected repeatedly, reminding her that his trip had been previously approved. After 20 minutes, with his flight approaching, he signed.
The form told a conflicted story. The GM checked "Leaving the Country or Relocating," handwrote "coming back" underneath, and marked "Rehire Recommended." The section headed "Notice of Employee Termination" was left entirely blank, as were the boxes for misconduct and other grounds for termination for cause.
Written policy on vacation
Neither of the two Employee Handbooks provided to the server contained any policy requiring resignation before an extended vacation — both permitted personal leaves of absence, with requests assessed individually.
The former GM later confirmed in a sworn statement: "I am not aware of any written policy at Black + Blue that requires employees taking vacation longer than two weeks to resign their employment."
In an April 16, 2026, decision, Madam Justice Maria Morellato found the employer failed to follow its own leave policy, the very one it had cited in its own legal pleadings as the basis for treating the server as having resigned.
The employer also argued that his employment contract capped his severance at the statutory minimum under the Employment Standards Act. The contract stated he was entitled to "termination pay to include severance pay entitlements under the Employment Standards Act, if applicable."
'Just cause’ denied by court
But Justice Morellato found this section did not clearly override the common law entitlement to reasonable notice. A separate Employee Handbook Acknowledgement Agreement, signed 11 days after the server started working, fared no better: he received no raise, bonus, or other benefit in exchange for signing it, rendering its termination terms unenforceable.
In the alternative, the employer argued just cause, pointing to a series of discipline records and a final written warning issued in December 2019 following a confrontation with a supervisor. The court rejected this entirely, noting the employer had never actually terminated the server for cause, that the new GM had checked "Rehire Recommended" on the Exit Form, and that the employer had not met the heavy onus required to prove just cause.
The server’s conduct over 4.5 years, the court found, was not "seriously incompatible with the employee's duties" nor "so grievous" as to constitute abandonment of the employment relationship.
No rehire by restaurant
After returning from Australia in March 2020, the server repeatedly sought to return to work. The restaurant suspended operations due to COVID-19 on or about March 20, 2020, and while the GM told him he was welcome back, she said she was not authorized to rehire anyone until all employees working on the day of the suspension had been offered their positions back first — even though he held more seniority than the servers being recalled ahead of him.
It was not until around May 28, 2020 that the server was able to begin increasing his hours at the Keg Steakhouse Restaurant, where he had previously worked one shift a week.
He continued to hold out hope for reinstatement at Black + Blue throughout 2020, even as the employer advertised for new server positions.
Breach of faith by employer
In February 2021, internal emails revealed a different picture. When the payroll and HR manager asked the GM to respond to the server’s latest inquiry, she replied: "I'm not hiring him back – should I just say that he was very negative and awful towards my management team, entitled."
The court found this breached the employer's duty of good faith and actively delayed his ability to find other work. By March 2021, the server realized he would not be rehired, and he found comparable full-time employment by July 1, 2021, roughly 17 months after his dismissal.
Justice Morellato awarded a 14-month notice period totalling $88,725, from which $18,700 in mitigated income was deducted, yielding $70,025 in wrongful dismissal damages.
Added to that was $20,000 in punitive damages, bringing the total award to $90,025 plus pre-judgment interest. The issue of costs, including whether the server is entitled to special costs, was reserved for separate determination.
