Even small theft sufficient grounds for dismissal

|Canadian Employment Law Today

Scott Cosman was employed by Paramount Canada’s Wonderland (PCW) in its group sales department for 22 months until his employment was terminated on Dec. 14, 1998. PCW alleged cause for the dismissal relating to “inaccurate and untimely record keeping” and serious and significant discrepancies in his sales-calls activities.

Mr. Cosman brought an action seeking damages for wrongful dismissal against his former employer. In its statement of defence PCW alleged that Mr. Cosman falsified expense reports and activity reports and further alleged breach of fiduciary duty, deceit and misrepresentation in respect of work activities.

The onus was on PCW to establish that the dishonesty was sufficient to create a breakdown in the employment relationship. To fulfill this requirement two questions must be addressed: first, whether the dishonest conduct has been proven to the satisfaction of the Court and, second, whether the nature and degree of the dishonesty warrants dismissal.