Kinnaird seeks two years’ worth of salary in a dispute that centres on whether she was terminated without just cause, or for misconduct
Kinnaird seeks two years’ worth of salary in a dispute that centres on whether she was terminated without just cause, or for misconduct
Former Response Biomedical Corp. CEO Barbara Kinnaird has launched a lawsuit in BC Supreme Court alleging that the Vancouver-based company wrongfully terminated her on or about Jan. 3.
She claims that she had worked at the company since 2004, when she was a scientist in product development. By the end of 2015, she had worked her way up to be the CEO, she alleged in the notice of civil claim filed in BC Supreme Court March 3.
The company manufactures and supplies to customers around the world diagnostic tools that help diagnose life-threatening diseases.
At issue is a clause in a written contract that Kinnaird alleges she agreed to with the company when she was promoted to be the CEO. That clause said that if she were to be dismissed without cause, she would be given 24 months’ notice, or alternatively, paid 24 months’ worth of salary in increments over a two-year period.
Her contract set out a $350,000 annual base salary and a short-term incentive program worth up to 40 per cent of that salary. She also earned stock options, group life and health benefits and 25 days of vacation.
Kinnaird alleges that Response Biomedical executives communicated to her on Dec. 31 that the company did not intend to honour the termination clause in her contract, and they then reiterated that sentiment on Jan. 3, which was the date of her termination.
Instead, the company paid her $72,405.84, which was for wages owing, unused vacation pay and a lump sum payment of eight weeks’ statutory termination pay.
She is suing for $627,594.16 less statutory deductions. She also seeks damages for benefits, damages for bad-faith conduct and aggravated damages, plus costs and interest.
The heart of the suit is that Kinnaird alleges that she was fired without just cause, and that this is something that the company disputes.
“Since the termination, the defendant has wrongfully asserted to the plaintiff and others at the company that the plaintiff engaged in misconduct amounting to just cause,” she wrote in her lawsuit.
None of the allegations have been proven in court. Response Biomedical did not file a response to the notice of civil claim by press time.
BIV on March 10 emailed Response Biomedical to see if the company had a response to the lawsuit. BIV also that same day phoned the company and left a message in an attempt to get the company’s side of the events.
The company did not get back to BIV by press time.
Bluesky.com/glenkorstrom.bsky.social
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