Wrongful dismissal nets fired employee $89,349

A Victoria woman was awarded $89,349 in damages by the courts in a wrongful dismissal suit after she was fired from Oak Bay Marina, where she worked for 20 years.

According to court documents, Maureen Patricia Stock was fired from her sales agent position at Oak Bay Marina in August, 2015.

She was accused of improperly marking accounts for potential sales commissions in a computer tracking system.

B.C. Supreme Court Madam Justice Elaine Adair ruled that while this action was wrong and might have been cause for discipline or a warning of dismissal, it did not constitute fair firing.

Oak Bay Marine Group has owned number of resorts and properties on Vancouver Island, including the Oak Bay Marina.

Stock had worked at the company since 1995. She started as a clerk, barely making minimum wage, and later moved to hospitality sales, where she became a top agent and had a clear employment record. The company’s late founder, Bob Wright, called her “Mighty Mo,” her lawyer said. Stock’s name was on the ‘millionaire’s club’ for sales and in 2014, her last full year of employment, she made close to $85,000, including commissions. She did not have a work contract.

Prior to working for the Oak Bay Marina group, Stock worked in the service industry. She was a single mother raising a son, now in his 30s. Stock is in her 50s, according to the court files.

“[I]n my opinion, immediate termination was not justified … Instead, Ms. Stock’s situation warranted a more proportionate disciplinary response, taking into account Ms. Stock’s age, her long employment history with Oak Bay, her unblemished record, the fact that she received no benefit from marking the guest records and the lack of any clear warning about the consequences of marking,” said Justice Adair in her ruling.

A spokesperson for the company said they respect the court’s judgment.

In the summary trial, Stock said the experience of being fired was traumatizing. She was able to find work again, but not until the following year, in October 2016.

“This decision by the court confirms that in most circumstances an employer cannot abruptly dismiss this kind of employee if they believe she has done something she should not have,” said Stock’s lawyer, Ryan Ashmead, in an email. “The employee deserves a warning and a chance to explain herself and make a change. The court is recognizing that a person’s employment is an essential part of her self-worth and emotional well-being.”

Justice Adair awarded Stock the equivalent to 13 months pay. Counsel has 30 days to make any further submissions to claim legal costs.