Employee could not bid against his employer

Release date: August 3, 2020

An employee claimed that he had been dismissed without good and sufficient cause. He worked as manager of an arena, his employer’s client. The employer submitted a bid to renew the arena management contract, and the employee also submitted a bid further to the same call for tenders. The tribunal concluded that the employee had irremediably severed the relationship of trust between himself and the employer, and that this justified the immediate termination of his employment. The tribunal added that the employee could not claim an error in judgement, as his conduct had clearly placed him in a situation of conflict of interest. He had competed directly with his employer by bidding against the latter, with the intention of offering jobs to the employer’s personnel. Given the severity of the fault and the employee’s autonomy to fulfil his duties and responsibilities as manager, the challenge was dismissed.

Plante and Sodem inc.

2020EXPT-505, 2020 QCTAT 342 (DRT), J.A. Anick Chainey

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