A Salmon Arm business will not be recouping $4,000 in training costs from a former employee.
In a recent decision, the B.C. Civil Resolution Tribunal (CRT) dismissed a dispute involving Salmon Arm Building Supply Ltd. (SABS), which operates the city's RONA, and former employee Cameron Scott Iversen.
According to the CRT decision, Iversen, at the start of his employment in May 2023, received crane training and certification to work as a delivery driver.
Iversen quit the job after less than three months, and SABS claimed he was "contractually required" to repay the $3,990 training cost.
Representing himself, Iversen argued he quit because SABS had breached his employment contract to provide full-time work as a delivery driver. That contract, explained the CRT, was an undated letter signed by Iversen and SABS' Michael Allen. According to the CRT, the letter said SABS had offered Iverson the position of "Delivery Truck Driver for Rona Salmon Arm," earning $24 an hour with an unspecified pay raise after a 90-day probationary period. It also said that upon starting, Iverson would receive "Crane Training 2 days onsite at RONA."
"Although not directly stated by the parties, I find from context that SABS鈥� deliveries involved loading and unloading a truck using a truck-mounted crane, which made this training essential," reads the decision by CRT member Micah Carmody.
Iversen resigned via email on Aug. 15. On Aug. 17, SABS confirmed his resignation and told him he owed the $3,990 for the crane certification, to be "vested over 2 years of service 鈥� interest free at $1,995 per year." Carmody noted this was "far from a clear training repayment clause."
In response, Iversen argued that because SABS did not fulfill its contractual obligations, he did not have to fulfill his training repayment obligations.
"In essence, while he does not use the term, I find he argues that he was constructively dismissed," wrote Carmody, agreeing this was the case.
Iverson claimed SABS did not provide anything close to the agreed-upon 40 weekly hours of employment as a crane operator/truck driver, and that he obtained a commercial driver's licence to stop doing "'brutal labour positions' like the yard work SABS offered."
The CRT noted email evidence showing Iversen "consistently complained to Mr. Allen that he was offered a full-time driving position but instead had been given a full-time yard worker position 'with occasional delivery'." SABS said it always scheduled 40 hours of work for Iverson; however, "it does not dispute that there was not nearly enough delivery work to constitute a full-time job." SABS also did not argue the "amount of yard work it assigned to Mr. Iversen was contemplated by the parties鈥� contract."
"I note that in the offer letter, SABS referred to a job description," wrote Carmody. "However, SABS did not provide a copy of this job description in its evidence. If a party fails to produce evidence to support their position without explanation, an adverse inference may be drawn. This means the CRT can assume that the evidence does not exist or does not support the party鈥檚 position."
Carmody determined SABS鈥� provision of "something close to full-time delivery work and adequate supervision of Mr. Iversen鈥檚 crane operation were fundamental contractual terms," and that SABS鈥� breach of these terms amounted to a "repudiation of the contract."
"In other words, I find that Mr. Iversen was constructively dismissed," said Carmody, explaining the training repayment clause did not contemplate Iversen having to repay SABS if SABS terminated his employment without cause."
"So, I find Mr. Iversen is not required to repay the training costs. It follows that I dismiss SABS鈥� claims," said Carmody.
