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ARTICLE · 12 OCTOBER 2015

Butt-Dial Gets Moonlighting Employee In The End

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The inadvertent pocket-dial or "butt-dial" has happened to everyone. In most cases, there are no real consequences, other than a puzzled or frustrated person on the other end of the call.

CanadaEmployment and HR

The inadvertent pocket-dial or "butt-dial" has happened to everyone.  In most cases, there are no real consequences, other than a puzzled or frustrated person on the other end of the call.

In a recent Alberta case Ross v. IBM Canada Limited, 2015, ABQB 563; however, a highly paid employee was summarily terminated for cause when the employer learned, after two inadvertent, butt-dial communications, that their employee was regularly working for his own private corporation on what the employer considered to be company time. The employee sued for wrongful dismissal, but an Alberta Court of Queen's Bench has upheld the dismissal for cause.

The Plaintiff was hired by IBM Canada for a full-time position.  During the hiring process, the Plaintiff informed IBM that he had been president of a privately held business in custom residential storage components.  The Plaintiff told IBM that he would transfer all operational responsibilities of this company to his wife, upon

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