Employer can’t bank on moonlighting employee

Bank employee studied for real estate licence
|Canadian Employment Law Today|Last Updated: 10/04/2011

This instalment of You Make the Call features a bank employee who was fired because she had another job her employer didn’t like.

Marilyn Patterson was a customer service supervisor for Scotiabank in Pitt Meadows, B.C. She had worked for the bank since 1996 and had a history of good performance reviews.

As part of her job, Patterson interacted occasionally with customers and sometimes recommended the types of service they needed, either at her branch or at another branch. In addition to her job, she also operated a small business selling party candles. Scotiabank was aware of her side project but didn’t have any issues with it. However, she was governed by Scotiabank’s guidelines for business conduct, which she had signed when she started with the bank. The guidelines stipulated that she must inform her manager if there was a risk of a conflict of interest and she could not “work in a business which competes with the bank or engage in any activity likely to compromise the position of the bank.”