Plank v. Hapnin Enterprises Ltd.
Nancy-Ann Plank
Law Firm / Organization
Kent Employment Law
Lawyer(s)

David Mardiros

Hapnin Enterprises Ltd.
Law Firm / Organization
Levitt LLP
Lawyer(s)

Puneet Tiwari

Background:
Nancy-Ann Plank, employed by Hapnin Enterprises Ltd. since 1993, was terminated in 2021. She claimed wrongful dismissal, alleging she was fired without cause and in bad faith after her relationship with the company owner, Warren Jones, ended. The company accused her of misconduct, including unauthorized pay raises, insubordination, theft, and falsification of records.

Legal Issues and Arguments:
The court analyzed whether Hapnin Enterprises Ltd. had “just cause” to terminate Plank. Key issues included allegations that Plank gave herself raises, falsified records, misused company property, and took actions that breached company policies. The court assessed witness credibility, particularly that of Plank and Haley Jones, who took over management after Warren Jones’ death. Plank argued that the accusations were either baseless or authorized by management.

Court Findings:
The court found that Hapnin Enterprises Ltd. lacked just cause, as there was insufficient evidence to support the allegations. The court noted Plank’s credibility and the lack of documentary evidence for several claims made by Haley Jones. The court deemed the termination unreasonable and concluded that the defendant failed in its duty to act fairly.

Damages and Costs:
The court awarded Nancy-Ann Plank damages of $13,309.42 for wrongful dismissal, based on 18 months’ pay in lieu of notice. Claims for aggravated and punitive damages were dismissed. Costs were to be determined following submissions by the parties.

Supreme Court of British Columbia
S133464
Employment law
$ 13,309
Plaintiff