A Vancouver Island cook fired without notice during the probationary period of his employment decided to initiate a legal fight against his former employer and partially won his case.
Sean Massullo was hired as a cook by Little Jumbo Restaurant in Victoria. After two months, he was fired without notice.
Massullo told the tribunal that under the law, he was entitled to five months’ notice and claimed $5,000 in damages.
Meanwhile, the Vancouver Island restaurant said that because Massullo was fired during the three-month probationary period, it wasn’t required to give notice. Additionally, the restaurant alleged that Massullo had a series of outbursts and displayed poor judgment.
“I find it argues that if there was no probationary period, then it had just cause to fire Mr. Massullo without notice,” the tribunal said. Little Jumbo was represented by its general manager.
Massullo was hired as a cook on Feb. 20, 2024. The termination date was not specified, but both parties agreed that he had been employed for two months.
“Employers have a duty to give employees notice before firing them. If the contract does not specify a notice period, like here, the law implies a reasonable notice period,” the tribunal pointed out. The exception is if there’s just cause, so the onus was on Little Jumbo to prove there was just cause in firing Massullo within the probationary period.
Little Jumbo claims it fired Massullo for demonstrating poor judgment and an inability to accept feedback. It provides an example in which Massullo brought a friend’s five-month-old dog into the restaurant, leaving it tied up in an area where food was being prepared.
Massullo denies violating hygiene or food safety policies, as the dog was kept in a box and tied to a wall by a leash. Instead, Massullo alleges that he was fired because he burned himself on a malfunctioning oven door, filed a WorkSafeBC claim, and complained about not receiving wage statements.
Little Jumbo provided no evidence of misconduct, bad temper, or poor performance from Massullo.
The tribunal did agree that bringing the dog in showed poor judgment but added that Little Jumbo didn’t explain what standards were violated. The tribunal decision says Massullo complied with directions to remove the dog quickly and was not insubordinate.
While the tribunal didn’t agree to damages of $5,000, it did agree that he was entitled to some compensation. The tribunal determined that he was entitled to three weeks’ notice and ordered Little Jumbo to pay him three weeks’ worth of wages, totalling $1,800.
With tribunal fees, Little Jumbo was ordered to pay Massullo $1,893.40.
Sadly for Little Jumbo, the restaurant closed several months after Massullo started the dispute. A Victoria News report suggests a 40 per cent rent increase was the cause.
“We get messages that we are sorely missed; we miss you as well,” Little Jumbo said in a statement.