Judge doubles a worker's notice, then sends the disability benefits fight to trial
A longtime worker who lost his job lost his wrongful dismissal case, too, after a lower court ruled his disability benefits erased any loss. Alberta's Court of King's Bench just said not so fast.
In a September 3, 2026, decision, Justice D. Jugnauth of the Court of King's Bench of Alberta partially overturned a summary dismissal against Thuro Inc., a sewer and water maintenance company, ruling that a longtime vacuum truck operator was owed 20 months of reasonable notice rather than the roughly 13 months he received. The lower court had thrown out his claim entirely, but Jugnauth sent the case back for trial to decide whether the worker's disability benefits should reduce the damages he is owed.
The worker joined Thuro Inc. in January 1998 and spent decades in physically demanding field roles tied to the company's sewer and water maintenance operations. By late 2020, the company had grown concerned about how his rheumatoid arthritis affected his ability to keep doing that work, and it considered whether his contract had been frustrated by his condition before deciding against that approach.
Instead, in a letter dated November 20, 2020, the company told the worker his job would end effective December 15, 2021, giving him roughly 13 months of working notice, along with an offer of an additional $10,000 for a signed release, which he...
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