Howling At The Moon-Lighting Employee

Employer justified in terminating employee's employment for cause after discovering misconduct through an accidental phone-call (a pocket dial!)

In the recent decision of Ross v IBM Canada Limited, 2015 ABQB 563, the Alberta Court of Queen's Bench upheld the termination of employment with respect to an employee who was caught working for his personal business on company time. The Court held that the employee's actions in the particular circumstances of the case amounted to a serious and repeated breach of the company's guidelines, and that the employer was justified in summarily dismissing the employee as a result.

The facts of the case are unusual to say the least. D'Arcy Ross was hired by IBM as a full-time senior salesperson with a substantial annual salary. Due to the nature of his position, Ross spent the majority of his work days away from the office and was considered for the most part to be a 'mobile' and autonomous employee. During the hiring process, Ross