Samfiru Tumarkin LLP has secured an important Alberta court victory for a 24-year employee who lost his job while dealing with a serious medical condition and receiving long-term disability benefits.

In Babcock v. Thuro Inc., the Alberta Court of King’s Bench found that our client, Dale Babcock, was entitled to 20 months of notice when his employment ended — significantly more than the approximately 13 months provided by his employer.

The court also rejected the argument that Babcock’s long-term disability (LTD) benefits automatically eliminated his wrongful dismissal claim.

The successful appeal was handled by Jon Pinkus of Samfiru Tumarkin LLP.

What Happened in Babcock v. Thuro Inc.?

• Dale Babcock began working for Thuro Inc., a Calgary sewer and water maintenance company, in 1998.
• He worked there for approximately 24 years and became the company’s most senior operator.
• His work included physically demanding sewer and water maintenance duties, including operating a vacuum truck and helping train other workers.
• At age 62, Babcock was told that his employment would end approximately 13 months later.
• Several months later, rheumatoid arthritis forced him to stop working. He eventually began receiving long-term disability benefits.
• After his employment ended, Babcock argued that 13 months of notice was not enough given his age, long service and difficulty finding comparable work.

The Lower Court Ended His Wrongful Dismissal Claim

The lower court initially ruled against...

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