Rodrigues v Fort McKay Strategic Services LP, 2025 ABKB 414 is the latest reminder from the Alberta courts that termination for cause is no small matter. In this case, a 12-year employee was dismissed after driving a service truck into a water-filled area on a mine site. Following an investigation, his employer claimed this was serious misconduct. The court disagreed, and its reasoning offers important guidance for employees, employers, HR professionals, and employment lawyers alike.
Background: The Incident and Termination
The Plaintiff, a long-serving labourer at Fort McKay Strategic Services LP, was fired for cause after he drove a company truck into a body of water, disabling the vehicle. The employer argued this was a breach of safety protocols, particularly since the Plaintiff had received extensive safety training. It alleged the employee failed to:
- Identify and report a workplace hazard,
- Mitigate potential risk,
- Exercise reasonable judgment.
It further claimed the Plaintiff endangered himself and rescuers, showing a lack of prudence and common sense regarding workplace safety. The employer terminated his employment and counterclaimed for the truck’s downtime costs.
The Plaintiff, in turn, sued for wrongful dismissal, seeking damages for pay in lieu of notice, unpaid wages during his suspension, punitive damages, and costs incurred while mitigating his job loss.
The Court’s Decision: No Just Cause
The Court ruled in favour of the Plaintiff, finding that the employer did not have just cause to terminate his employment. Key reasons for the decision included:
- Lack of Clear Safety Policy or Training on the Specific Risk
While the employer emphasized safety obligations, it could not point to any formal training or policy addressing how employees should respond when encountering water-filled roads, a regular occurrence at the site. - Accepted Workplace Practice Ignored
Driving through water on site roads wasn’t unusual. Even senior management had done it. In fact, other employees drove through water on the same evening without incident. The employer’s argument that this behavior represented serious misconduct ignored established, and tacitly accepted, workplace norms. - Failure to Follow Progressive Discipline Policy
Fort McKay had a clear progressive discipline policy, which required escalating steps before termination unless the misconduct was egregious. In this case, the company bypassed all prior steps and went straight to dismissal, despite the absence of aggravating factors. - Employee History: Long Service and Good Record
The Plaintiff had no history of serious discipline. His only previous infraction, in 2016, involved improperly stored tools. He had consistently positive performance reviews and no supervisory responsibilities. The court concluded he was not a “problem employee.”
Key Takeaway: Proportionality Matters in Just Cause Dismissals
This case reaffirms a central principle in Canadian employment law: just cause must be proportionate. Courts consider:
- The nature and seriousness of the misconduct;
- The employee’s length of service and disciplinary record;
- Workplace norms and employer policies;
- Whether progressive discipline was considered or applied.
In short, employers must show that termination was the only reasonable option. That bar is high—and for good reason..
Lessons for Employers and HR Professionals
Rodrigues offers a timely refresher on how to avoid costly wrongful dismissal claims. Termination for cause will be difficult to sustain when:
- Training is lacking on the conduct in question, especially where the issue involves judgment.
- Other employees have engaged in similar conduct without facing discipline.
- Disciplinary policies are ignored, especially where those policies require progressive steps.
Before deciding to terminate for cause, ask: Is the punishment proportionate? Is there documentation? Have we followed our own process?
If the answer to any of those questions is no, termination without cause may be the safer route.
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This blog is part of Cashion Legal’s ongoing effort to keep HR professionals and business owners up to date on the latest employment law developments. The content is general in nature and does not constitute legal advice. If you’re facing a workplace issue or termination scenario, we’re here to help, contact us today.