Kootenay liquor store manager fired after 18 years, has heart attack, for mistakenly donating damaged whiskey bottle

A Castlegar liquor store manager fired for stealing after she donated a bottle of the store’s whiskey to a charity auction has gotten her job back.

A BC labour arbitrator ruled that BC Liquor Store manager Maylet Carpentier did not intend to steal the $135 bottle of whiskey and had an honest but mistaken belief it could be donated.

According to a July 14 BC Labour Arbitration Awards decision, Carpentier had worked for the BC Liquor Distribution Branch for 18 years before she was fired over the incident.

The decision says Carpentier was managing the Castlegar store in October 2024 when she noticed a $135 bottle of Alberta Distiller’s Premium Whiskey had a damaged seal.

While store policy is that the product should be poured away, Carpentier was heading to a charity event the next day, and as she was sure the liquor was safe to drink, she decided to donate it to the silent auction.

She wrote the bottle off in the inventory system and carried on her day. The next day she went to the charity event with two colleagues.

However, when staff noticed the bottle had been written off in the computer incorrectly and asked Carpentier about it, she questioned herself as to whether she’d made a mistake.

Carpentier called her boss, who told her it was not OK.

She then paid for the whiskey.

However, Carpentier, who a year earlier had received an executive leadership award, was suspended.

Her manager told his superiors it was a “poor decision on her part” and there wasn’t any malicious intent.

But following an investigation, Carpentier was fired.

“(She) suffered a heart attack upon learning of the termination,” the arbitrator said.

The BC General Employees’ Union then went to bat for her.

The Union argued everything Carpentier did was in the open. From openly leaving the store with the bottle and going to the charity event with colleagues, to telling staff about it and then paying for the bottle once she realized her mistake.

“All of these actions are consistent with the actions of a person who believed, albeit mistakenly, that they had permission to donate product that they believed was defective and would otherwise be thrown away,” the decision reads.

The Union pointed out Carpentier’s boss Zade Cawley had only reported the issue 11 days after it happened.

“If he believed she had committed theft, it is difficult to accept that a regional manager would not have contacted Labour Relations to at least discuss the matter in a much more timely way,” the Union said.

BC Liquor Store argued Carpentier had committed theft and breached relevant policies and standards of conduct and being dismissed was appropriate.

However, the Arbitrator didn’t agree.

“I am not persuaded that she had the requisite intent to steal, and the employer has not met its burden of establishing theft,” the Arbitrator said. “She had an honest but mistaken belief that it would be OK to donate product that she thought was defective and would otherwise be thrown away.”

The Arbitrator said the manager had a “serious lapse in judgment” but that firing her was excessive.

“(Carpentier) had almost 18 years of service, with no discipline. She was a well-respected employee who felt pride and fulfillment in her work. When she realized she had made a mistake, she immediately apologized and offered to pay for the bottle… she readily acknowledged her error and has consistently expressed remorse for her actions, as early as the investigation process and straight through to the hearing,” the Arbitrator said. “I found (Carpentier) to be thoughtful, considered and considerate, and that the realization that her conduct constituted a serious error has had a profound impact on her.”

Ultimately, the Arbitrator ordered the BC Liquor Distribution Branch to rehire her with no loss of seniority, but a three-month unpaid suspension, and no back pay.

The bottle sold at the silent auction for $725, with the proceeds going to the charity.