BC Ferry Services Ltd. has won its appeal of a court judgment awarding more than $70,000 to a former manager it fired for giving about $200 worth of complimentary food and beverage vouchers to his daughter's sports teams for trips between Nanaimo and the Lower Mainland.

The B.C. Court of Appeal said the original trial judge erred in finding that BC Ferries did not have just cause to dismiss Gregory Roe, who managed Nanaimo's Duke Point ferry terminal from 2007 until his firing in March 2012.

In the original decision, the trial judge called Roe's actions "bordering on trifling," and "relatively minor," and decided they did not amount to just cause for dismissal, the appeal court's decision said.

But the value of the donations was of little consequence, the new decision said, adding that Roe received a personal benefit by using the vouchers for his daughter's team.

It was significant that, during a BC Ferries' fact-finding meeting, Roe admitted he overstepped his authority and breached the employer's trust, the decision said.

In February 2012, Roe gave $70 worth of dessert and beverage vouchers to his daughter's volleyball team as members travelled to the Lower Mainland for a tournament.

He said the vouchers were given out as a "gesture of goodwill and to provide some minor support to the parents of the players on the team, as the team had not done any fundraising that season," the decision said.

Roe said he had earlier donated $120 to $130 worth of vouchers to his daughter's fastball team.

More senior BC Ferries officials did not give prior approval before Roe gave out the vouchers, court was told.

Roe said BC Ferries had changed its policy requiring prior approval from the regional manager before vouchers were given out. The new policy only required the marketing department to be notified after the fact, although he did not do that in this case, he said.

Roe said he did not knowingly breach B.C. Ferries policy and that the policy around handing out complimentary vouchers was unclear.

He said he was not being dishonest.

Ferries disagreed, saying Roe had "knowingly misappropriated company property to his own financial and reputational benefit."

As terminal manager, Roe was the most senior person when on duty, the appeal court said. His employment contract included a code of business conduct and ethics.

Diane Finnie, BC Ferries' director of employee relations, said vouchers are normally given out only to passengers who have experienced inconvenience during travel.

"Providing free drinks to friends and family members would be a misuse to the defendant's assets and a serious breach of the defendant's policies," she said.

Melanie Lucia, BC Ferries' superintendent of terminal operations for the south region, said that the requirement to receive approval before handing out vouchers was maintained when the process was moved to the marketing department in 2011.

After being fired, Roe sued BC Ferries, seeking damages in lieu of notice. The original trial judge awarded him more than $70,000, including $67,663 for 10 months salary.

The appeal court has now set aside the judgment and the matter has been remitted back for a new trial.

Last week, BC's Transportation Minister Todd Stone told B.C. Ferries that it should focus on implementing internal efficiencies, such as cutting back on managers and free rides for employees before seeking increased government subsidies and higher fares.

cjwilson@timescolonist.com

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