In Ross v IBM ( 2015 ABQB 563 ) A well paid full time sales executive who worked independently based out of his home was terminated for just cause as he admitted that he spent 3 to 4 hours a week , during normal working hours, on his family business, which was unrelated to his work at IBM. He was not given any warning which the Court found was OK due to the seriousness and repetition of the conduct. He was an employee for approximately 6 months. He had falsely told his employer that the business belonged to his wife and that his involvement was minimal. IBM discovered his misconduct when the plaintiff accidentally “butt dialled” his IBM boss who then overheard him talking with a client in the family business. He had earlier told his IBM boss that he would be at a IBM client when in fact he was meeting with his family business client.
One lesson to be learnt from this case is to put a password on your phone, so that your chances of butt dialling your boss are minimized.
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