Six-day gap between letter date and email delivery costs BC winery $1,262
A British Columbia winery that gave a marketing director six weeks' notice of termination has been ordered to pay an additional $1,262.44 after the Civil Resolution Tribunal found that notice was effectively given on the day the employer emailed the termination letter, not the earlier date typed on the letter itself.
In a decision issued on April 24, 2026, Tribunal Vice Chair Kate Campbell held Montalvino Wineries Inc. to the wording of its own letter, finding that the employee was left four working days short of the notice period the letter promised.
Levi Jordan Gogolinski began working for Montalvino on January 30, 2023, as Director of Marketing, with a starting salary of $75,000 per year. Her employment ended on October 2, 2024, after the company told her it would be closing its winery locations.
The termination letter was dated September 4, 2024, and stated, "Your last day of work will be Wednesday, October 2, 2024, plus 10 working days pay in lieu of notice." A registered mail copy was sent on September 6, but there was no evidence about when Gogolinski received it.
Montalvino's director and president, Berton Benjamin Andrew Evertt, emailed Gogolinski the letter on September 10, 2024, stating that he meant to send it earlier. Based on that email, the tribunal found Montalvino gave notice on September 10, not September 4.
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