Ross v. IBM Canada Ltd., 2015 ABQB 563

JudgeVeit, J.
Citation2015 ABQB 563
CourtCourt of Queen's Bench of Alberta (Canada)
Subject MatterEMPLOYMENT LAW
Date04 September 2015
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10 practice notes
  • Stonham v Recycling Worx Inc.,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • November 7, 2023
    ...an employee for just cause has been referenced as the “capital punishment” of employment of law: Ross v IBM Canada Limited, 2015 ABQB 563 at para 30. The onus is on the employer to prove just cause: [ Haack v Secure Energy (Drilling Services) Inc, 2021 ABQB 82] at para 110; Wh......
  • Cicalese v Saipem Canada Inc, 2018 ABQB 835
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 4, 2018
    ...is not limited in application to dishonest conduct. The test applies to all acts of alleged employee misconduct: Ross v IBM Canada Ltd, 2015 ABQB 563 at para 31; Henry v Foxco Ltd, 2004 NBCA 22 at para 13. [20] In determining whether an alleged cause is just cause for termination of an empl......
  • 2023 BCSC 1032,
    • Canada
    • January 1, 2023
    ...now intended to devote some of those normal business hours to the Royal Commission. [Emphasis added.] 72 In Ross v. IBM Canada Limited, 2015 ABQB 563, a senior salesman was terminated by IBM on the basis that he was also working for his own personal company during IBM's office hours. I......
  • Dove v Destiny Media Technologies Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 15, 2023
    ...now intended to devote some of those normal business hours to the Royal Commission. [Emphasis added.] 72 In Ross v. IBM Canada Limited, 2015 ABQB 563, a senior salesman was terminated by IBM on the basis that he was also working for his own personal company during IBM's office hours. I......
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6 cases
  • Stonham v Recycling Worx Inc.,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • November 7, 2023
    ...an employee for just cause has been referenced as the “capital punishment” of employment of law: Ross v IBM Canada Limited, 2015 ABQB 563 at para 30. The onus is on the employer to prove just cause: [ Haack v Secure Energy (Drilling Services) Inc, 2021 ABQB 82] at para 110; Wh......
  • Cicalese v Saipem Canada Inc, 2018 ABQB 835
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 4, 2018
    ...is not limited in application to dishonest conduct. The test applies to all acts of alleged employee misconduct: Ross v IBM Canada Ltd, 2015 ABQB 563 at para 31; Henry v Foxco Ltd, 2004 NBCA 22 at para 13. [20] In determining whether an alleged cause is just cause for termination of an empl......
  • 2023 BCSC 1032,
    • Canada
    • January 1, 2023
    ...now intended to devote some of those normal business hours to the Royal Commission. [Emphasis added.] 72 In Ross v. IBM Canada Limited, 2015 ABQB 563, a senior salesman was terminated by IBM on the basis that he was also working for his own personal company during IBM's office hours. I......
  • Dove v Destiny Media Technologies Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 15, 2023
    ...now intended to devote some of those normal business hours to the Royal Commission. [Emphasis added.] 72 In Ross v. IBM Canada Limited, 2015 ABQB 563, a senior salesman was terminated by IBM on the basis that he was also working for his own personal company during IBM's office hours. I......
  • Request a trial to view additional results
4 firm's commentaries
  • Reliance On The Employment Contract–AKA 'But It's Not Fair'
    • Canada
    • Mondaq Canada
    • February 8, 2017
    ...clearly and unambiguously limited the employee's reasonable notice entitlement to the statutory minimums. In Ross v IBM Canada Limited, 2015 ABQB 563 the court relied on the terms of the employment contract which incorporated conduct guidelines that prohibited employees from using company t......
  • Don't Lose Your Day Job: Court Rules Against Moonlighting Employee
    • Canada
    • Mondaq Canada
    • February 8, 2017
    ...while operating a personal business on the side (also known as moonlighting)? This issue was considered in Ross v IBM Canada Limited, 2015 ABQB 563 [Ross], where a senior salesman was terminated by IBM Canada Limited (IBM) on the basis that he was also regularly working for his own personal......
  • Howling At The Moon-Lighting Employee
    • Canada
    • Mondaq Canada
    • November 3, 2015
    ...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 persona......
  • Butt-Dial Gets Moonlighting Employee In The End
    • Canada
    • Mondaq Canada
    • October 12, 2015
    ...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 th......

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