Lessons on perceived bias from O’Driscoll v Suncor Energy Inc.
O’Driscoll v Suncor Energy Inc., 2026 ABKB 43, is a useful reminder that the strength of an employer’s disciplinary decision often depends on the quality of the investigation that precedes it. Where an employer alleges just cause, courts will examine not only the alleged misconduct, but also whether the investigation was fair, balanced, and supported by reliable evidence.
Michael O’Driscoll had about 11 years of service. He was 55 when Suncor terminated him. He worked as a shift supervisor and managed a sizeable, unionized workforce. His duties included safety oversight, work assignments, and field supervision.
In or around January 2021, O’Driscoll’s supervisor reviewed the GPS data of his truck. The data showed that his truck had stayed in one location for a lengthy period during an overnight shift. Suncor first treated the data as a supervision concern. It later alleged that O’Driscoll had slept during the shift.
Suncor conducted an internal investigation, which concluded that O’Driscoll had slept on the job. Suncor then relied on the Internal Investigator’s finding and took the position that it had just cause for termination.
However, the Alberta Court of King’s Bench found serious flaws in the investigation’s conclusions. The court noted that the investigator did not properly assess the GPS evidence, overlooked information showing that other supervisors were with or near O’Driscoll during parts of the...
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