Question: * This is a group forum, so I need a short reply that might contain a question about my colleague's judgment of the case.* cheers.
*This is a group forum, so I need a short reply that might contain a question about my colleague's judgment of the case.* cheers.
Classification of Law: Employment law (Termination with cause)
Parties: Plaintiff: Andrea Smith
Defendant: Union Credit Services
Type of Court: Provincial Trial Court
Case Facts:
Andrea Smith
She is the plaintiff and employee of Union Credit Services where she worked as an IT help desk analyst for over twenty-one years and had an unblemished record of service.
All employees of Union Credit Services were assigned personal electronic folders on the companys internal network to store both confidential personal information and business information. A detailed privacy policy to protect their confidentiality was established and all helpdesk employees were informed of the policy.
The folders could only be read or edited by the employee that was assigned the folder, with the exception that Andrea, as part of her duties, could access the folders to assist with technical problems provided the owner of the file requested assistance or the VP of corporate security authorized the access.
Andrea, curious about whether Dana Jouzy, the manager responsible for parking, was going to assign one of the limited parking spaces to her, unauthorizedly accessed Dana's personal folder.
After the indiscretion was reported to her supervisor, her appointment was terminated for cause.
Union Credit Services.
They are the defendant and the employer of Andrea Smith.
Andrea Smith violated the companys privacy and confidential policy by unauthorizedly accessing the personal electronic folder of another staff.
As a result of her action, her appointment was terminated for cause.
Case / Issue (sue for): Wrongful termination of appointment
Judgment / Decision: The defendant is not liable
Reasons: Accessing the personal electronic folder of another staff without the prior approval of her supervisor or upon request from the owner of the file is a serious misconduct that can justify dismissal for just cause without giving reasonable notice. Andrea Smith action is a breach of her employers policy on privacy and confidential matters which is tantamount to fraud.
Remedies: None
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