Whistler Hotel Employee Awarded $5,341 After Unjust Dismissal

A former employee of the Four Seasons Whistler Hotel has been awarded $5,341.77 following a decision by the BC Civil Resolution Tribunal, which ruled that he was terminated without just cause. The employee, who worked as a massage therapist, claimed he was entitled to four to six months’ notice before his dismissal on March 19, 2024.

The tribunal found that the hotel had not provided sufficient evidence to justify the immediate termination. The case began when the employee, who started as a contractor in 2020 and became a full-time employee in September 2022, took his grievances to the tribunal, asserting he was wrongfully dismissed without notice.

Four Seasons Whistler contended that it had just cause to terminate the employee, citing alleged violations of company procedures. According to the hotel, the employee was confrontational in a phone conversation with his supervisor and failed to adhere to proper clocking in and out protocols. Additionally, the hotel claimed he was seen eating in the staff cafeteria during non-working hours, leading to two warnings issued in December 2022.

Despite these allegations, the tribunal noted that there was no evidence demonstrating that the employee continued to breach these policies after receiving reprimands. It concluded that he had corrected his behavior following the warnings.

The tribunal also examined a separate incident that occurred outside of work, involving the employee and two colleagues at a bar in October 2023. A witness indicated that the employee appeared intoxicated and made others uncomfortable by buying drinks, which they had declined. While the tribunal acknowledged that this encounter could have been awkward, it ruled that it did not warrant termination.

Ultimately, the tribunal determined that the hotel did not have sufficient grounds for firing the employee without notice. The decision emphasized the employer’s obligation to provide notice unless just cause is established. The Four Seasons hotel is now required to pay the awarded amount within 30 days of the ruling, reinforcing the importance of adhering to proper employment procedures.