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ARTICLE · 18 MARCH 2010

Employee's Transgressions Insufficient To Justify Dismissal

The plaintiff Soost was summarily dismissed from his position as a financial advisor by the defendant Merrill Lynch Canada Inc.

CanadaEmployment and HR

Soost v. Merrill Lynch Canada Inc.

Alberta Court of Queen's Bench, 2009

Facts:

The plaintiff Soost was summarily dismissed from his position as a financial advisor by the defendant Merrill Lynch Canada Inc. Three years prior the plaintiff had received a generous package of inducements to commence employment with the defendant, and the value of his book of business that he transferred to the defendant was between $70 and $80 million.

The plaintiff's employment contract specified that he was expected to comply with all relevant regulatory authorities in addition to the defendant's policies. The defendant alleged, amongst other things, that the plaintiff's failure to obtain management approval for his private placement activities and continued solicitation of a stock contrary to the defendant's direction constituted just cause for dismissal. The plaintiff alleged that the defendant's private placement policy had never been strictly adhered to within the company

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