Grocery manager destroyed employment relationship

When will breaching a company rule justify discharge?
|Canadian Employment Law Today

A Toronto-area grocery chain was justified in firing a dairy manager who took five items from the store without paying for them, an Ontario court has ruled.

Ray Agosta, 47, was the dairy manager at a Longo's grocery store. He was hired by Longo's on July 12, 1999, and fired on Feb. 12, 2004. Agosta supervised an assistant dairy manager and seven other employees. He was designated as a key holder, meaning he could open and close the store in certain circumstances, and undertook risk management duties. He had the authority to spend about $125,000 per week ordering inventory for his area of the store.

There were two major incidents that led to his dismissal. On Jan. 27, 2004, there were few customers at the store because of a snowstorm. On three occasions that day, Agosta asked the manager for permission to close the store early. The manager refused to close the store before its normal closing time.