B.C. Supreme Court in Vancouver. (File photo: Tom Zytaruk)

B.C. Supreme Court in Vancouver. (File photo: Tom Zytaruk)

Surrey brewery loses wrongful dismissal lawsuit

Judge orders brewery to pay a former employee more than $200,000 in damages

A Surrey brewery has been ordered to pay a former employee more than $200,000 in damages after he successfully sued it for wrongful dismissal.

The case, Daryl Hrynkiw versus Central City Brewers & Distillers Ltd., was heard in B.C. Supreme Court in Vancouver, with Justice Karen Horsman presiding.

Hrynkiw worked with the brewery from March 2012 until his termination on July 6, 2018. During that time he was promoted from controller to chief financial officer.

“The defendant says the plaintiff unilaterally and deliberately assigned himself a level of vacation entitlement greater than that agreed to,” Horsman noted in her Nov. 4 reasons for judgment, “and also paid himself unauthorized share bonus compensation. This, along with other related allegations of misconduct against the plaintiff, constitutes what the defendant says is cause for the plaintiff’s dismissal. The defendant counterclaims for the recovery of what it says were unauthorized share bonus payments to the plaintiff.”

READ ALSO: Former worker at Surrey brewery claims he was bullied on the job

Hrynkiw was 56 when he was fired. The judge concluded the defendant “did not have cause for dismissal in relation to the plaintiff’s genuinely held beliefs as to the level of his share bonus compensation and vacation entitlement.”

She also found the brewery did not have cause to dismiss Hrynkiw on the ground of insubordination.

“In summary, I conclude that the defendant did not have just cause to dismiss the plaintiff, and thus was not entitled to summarily dismiss the plaintiff without reasonable notice. The plaintiff is entitled to compensation in lieu of the notice,” she decided. “I am persuaded on the evidence that the plaintiff suffered mental distress as a result of the manner of his dismissal that transcends the ordinary upset that would ensue from the fact of dismissal.”

Horsman ordered the brewery to pay Hrynkiw $201,910.55 in damages. Of that, $33,513.92 is for the share bonus compensation owed to the plaintiff at the time of his dismissal, $14,903.87 for accrued vacation pay owed to him, $118,492.76 as compensation in lieu of reasonable notice, and $35,000 in aggravated damages.



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

BC Supreme CourtSurrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Vintage scrapbooks gave way to Instagram and Facebook. (Photo: Ursula Maxwell-Lewis)
COLUMN: Prince Philip just got on with it—to our surprise

Ursula Maxwell-Lewis reflects on the passing Prince Philip, Duke of Edinburgh

CBSA seized 64 bricks of suspected cocaine at a border crossing in the Pacific Highway District. (CBSA photo)
$3.5 million worth of suspected cocaine bound for Canada seized in Pacific Highway District

Tractor-trailer hauling personal care products included 64 bricks of suspected coke

A bowl from Obey Poke, part of Joseph Richard Group’s Meal Ticket Brands launch in 2019. The program is now known as Canteen: A Virtual Food Court, at wearethecanteen.ca. (file/submitted photo)
On #TakeoutDay, Surrey restaurants urge direct meal orders, not second-party delivery

Dowtown Surrey BIA says ‘we can help support restaurants that already have a lot on their plates’

Parliament Hill is shown in Ottawa on Wednesday, March 11, 2020. The Trudeau government has agreed with the Senate that Canadians suffering solely from grievous and irremediable mental illnesses should be entitled to receive medical assistance in dying — but not for another two years. (THE CANADIAN PRESS/Sean Kilpatrick photo)
Self-advocates ‘sad, scared, angry’ over revisions to assisted-death legislation

Bill C-7 was expanded to include access to medically assisted death for non-terminal conditions

Police barricade (File photo: Tom Zytaruk)
Surrey RCMP investigate shooting overnight at Whalley motel

Sergeant Elenore Sturko said a 38-year-old man was taken to hospital suffering from a serious injury

Vancouver police say eight people were arrested Wednesday after anti-pipeline protesters blocked off both the entrances and exits to two buildings in the downtown core. (Instagram/Qtcatspictureclub)
8 people arrested after anti-pipeline protestors chain themselves to Vancouver buildings

Cst. Tania Visintin said demonstrators caused ‘a serious safety hazard’ downtown for hours Wednesday

Jamie Coutts recorded a man following her around downtown Vancouver for a half-hour on Wednesday, March 18. (Instagram screenshot/Iammjammbamm)
Man charged in alleged high-profile Vancouver stalking case that went viral online

Man faces five other charges including criminal harassment and assault with a weapon

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A new Lower Mainland study will examine feline COVID-19 transmission using data gathered from up to 40 cats living with newly infected adults. (Pixabay)
CDC conducting mobile kitty COVID tests outside of Lower Mainland homes

Researchers are probing whether humans can transmit the coronavirus to household pets

A sea lion swims past the window of an empty viewing area Vancouver Aquarium is pictured Thursday, September 10, 2020. The Vancouver Aquarium has had to close its doors to the public due to the lack of visitors during the COVID-19 pandemic. THE CANADIAN PRESS/Jonathan Hayward
U.S.-based theme park company buys Vancouver Aquarium

Aquarium had to shut its doors in September due to COVID pandemic

A man wears a protective face covering to help prevent the spread of COVID-19 as he walks past the emergency entrance of Vancouver General Hospital in Vancouver, B.C., Friday, April 9, 2021. THE CANADIAN PRESS/Jonathan Hayward
COVID-19 spike in B.C. could overwhelm B.C. hospitals: modelling group

There are 397 people are in hospital due to the virus, surpassing a previous high of 374 seen in December

A deep cut on a humpback whale is shown in this recent handout photo in the Vancouver area. A conservation organization is warning boaters to be extra careful to prevent further harm to an injured humpback whale swimming in the Vancouver area. THE CANADIAN PRESS/HO, Ocean Wise, Vanessa Prigollini *MANDATORY CREDIT*
Boaters urged to use caution around hurt humpback off Vancouver

Ocean Wise says watchers first noticed the wound 3 days ago and believe it was caused by a vessel strike

Most Read