Giansante v. DaimlerChrysler Canada Ltd.

Giansante v. DaimlerChrysler Canada Ltd.

On the facts found by the trial judge, the employee breached the employer's Integrity Code by failing to pay and document payment for personal services from a company supplier; that breach created a conflict of interest that, given his senior management position, justified termination for cause and dismissal of his action.

Citation
C39160
Parties
Respondent/plaintiff: Filippo Giansante; Appellant/defendant: DaimlerChrysler Canada Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 May 2004
Procedural Posture
Employment Law Wrongful Dismissal Appeal / Court of Appeal Decision on Appeal From Trial Judgment
Outcome
Appeal allowed; judgment of the trial court set aside; action dismissed.
Legal Topics
Integrity Code, Just Cause for Dismissal, Documentation Requirements, Termination for Cause, Costs
Source Language
English
Employment Law Contract Corporate Governance Conflict of Interest Civil Procedure Integrity Code Just Cause for Dismissal Documentation Requirements +2 more

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Parties

Filippo Giansante

Respondent/plaintiff

DaimlerChrysler Canada Ltd.

Appellant/defendant

Procedural Posture

Employment Law Wrongful Dismissal Appeal / Court of Appeal Decision on Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the employee breached the employer's Integrity Code by arranging goods/services from a company supplier without paying and documenting payment
  2. 2 Whether documentation of the contractual arrangement satisfied the Code or whether documented payment was required
  3. 3 Whether the breach constituted a conflict of interest sufficient to justify termination for cause

Ratio Decidendi

On the facts found by the trial judge, the employee breached the employer's Integrity Code by failing to pay and document payment for personal services from a company supplier; that breach created a conflict of interest that, given his senior management position, justified termination for cause and dismissal of his action.

Court Disposition

Appeal allowed; judgment of the trial court set aside; action dismissed.

Orders

  • Judgment in favour of Mr. Giansante is set aside and the action is dismissed.
  • Defendant's costs at trial to be assessed.