A South Okanagan winery has been ordered to pay $1,200 to its former marketing director after a BC Tribunal found that she should have been given at least six weeks’ notice before being laid off.<\/p>\n\n\n\n
The case involves former Montalvino Wineries marketing director Levi Gogolinski, who in September 2024 was given three weeks’ notice that the winery would be closing the next month, and her work would end.<\/p>\n\n\n\n
Gogolinski had worked at the winery for almost two years, and according to BC employment law, would be eligible to get two weeks pay as compensation.<\/p>\n\n\n\n
However, Gogolinski took Montalvino Wineries to the BC Civil Resolution Tribunal, arguing she was owed $1,262 for lack of sufficient notice.<\/p>\n\n\n\n
In the April 24 decision, Montalvino Wineries argued that it had calculated and paid Gogolinski\u2019s final wages, in excess of what was required under the BC Employment Standards Act.<\/p>\n\n\n\n
In evidence, the winery submitted the BC Employment Standards Act, showing that Gogolinski\u2019s final paycheque exceeded what was required under BC employment law.<\/p>\n\n\n\n
However, the Tribunal ruled that while that may be, it had jurisdiction to order compensation based on common law, not BC employment law.<\/p>\n\n\n\n
The case highlights the difference between what employers are legally mandated to do under the province’s employment laws and what the courts, following BC\u2019s common law, see as reasonable compensation. <\/p>\n\n\n\n
The common law is based on factors including the employee\u2019s age, the type and length of employment, and the availability of similar employment.<\/p>\n\n\n\n
Laid-off employees who can afford lawyers have traditionally headed to the BC Supreme Court to argue for more severance pay. In 2021, a Kelowna IT manager sued his former firm after it paid<\/a> him $15,000, which was the required eight weeks’ severance. The judge ruled under common law that he was owed $100,000.<\/p>\n\n\n\n Deep pockets aren\u2019t required for the Civil Resolution Tribunal, which charges $125 to file a claim.<\/p>\n\n\n\n