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

Martha Currie Elementary is holding a fundraising raffle. (Image via Google Maps)
Ecole Martha Currie is holding a fundraising raffle

4,000 tickets for sale in school raffle

Art rendering of Surrey’s Legion Veterans Village. (Submitted photo)
Surrey’s Legion Veteran Village to get 91 affordable housing units, B.C. government says

Attorney General and Minister Responsible for Housing David Eby made the announcement Wednesday

Surrey Hospitals Foundation president and CEO Jane Adams is officially one of “Canada’s Most Powerful CEOs” as one of the winners of the 2020 Canada’s Most Powerful Women: Top 100 Award. (Submitted photo: Surrey Hospitals Foundation)
Surrey Hospitals Foundation’s Jane Adams is one of ‘Canada’s Most Powerful CEOs’

Awards recognize 106 ‘outstanding’ who ‘advocate for workforce diversity’

Police say 30-year-old Andrew Baldwin was killed in Surrey on Nov. 11. (Photo: Police handout)
Fourth man charged in 2019 Surrey murder

Andrew Baldwin, 30, was killed on Remembrance Day last year

A tongue-in-cheek message about wearing a face mask to curb the spread of COVID-19 on a sign outside a church near Royal Columbia Hospital, in New Westminster, B.C., on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C.’s COVID-19 infection count climbs back up to 656

20 more people in hospital, active cases still rising

An RCMP cruiser looks on as a military search and rescue helicopter winds down near Bridesville, B.C. Tuesday, Dec. 1. Photo courtesy of RCMP Cpl. Jesse O’Donaghey
B.C. Mountie, suspect airlifted by Canadian Armed Forces from ravine after foot chase

Military aircraft were dispatched from Comox, B.C., say RCMP

Photo by Dale Klippenstein
Suspect tries to thwart police in Abbotsford with false 911 call about men with guns

Man twice sped away from officers and then tried to throw them off his trail

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 logo for Netflix on a remote control is seen in Portland, Ore.,Aug. 13, 2020. Experts in taxation and media say a plan announced Monday by the government will ultimately add to the cost of digital services and goods sold by foreign companies. THE CANADIAN PRESS/AP-Jenny Kane
‘Netflix tax’ for digital media likely to raise prices for consumers, experts say

The government says Canadian companies already collect those taxes when they make digital sales

BIG SALMON ranch in Washington State. (Center for Whale Research handout)
Non-profit buys Chinook ranch in hopes of increasing feed for southern resident killer whales

The ranch, which borders both sides of Washington State’s Elwha River, is a hotspot for chinook salmon

Gaming content was big on YouTube in 2020. (Black Press Media files)
What did Canadians watch on Youtube during isolation? Workouts, bird feeders

Whether it was getting fit or ‘speaking moistly,’ Canadians had time to spare this year

(Needpix.com)
Fraudsters projected to use pet scams to gouge over $3M from customers: BBB

The pandemic heavily contributed to the number of puppy scams

The westbound lanes of Highway 1 between Clearbrook and McCallum roads were closed to traffic Wednesday morning after a fatal collision involving a pedestrian.
Pedestrian dies after being struck by vehicle on Highway 1 in Abbotsford

Collision takes place early Wednesday morning between Clearbrook and McCallum roads

Most Read