Alberta salesperson’s pocket dial reveals moonlighting on company time (Legal View)

Court finds IBM’s dismissal of employee justified based on company policy
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 12/11/2015

An Alberta worker is out of luck after challenging his dismissal following his employer’s discovery he was performing work for his own company during business hours.


D’Arcy Ross was hired by IBM Canada in 2010 to be a senior salesperson. The position was full-time with a salary plus commission and benefits. He had access to office space in Edmonton — though he was based in Toronto — but was a mobile employee who was on the road most of the time. He was provided with a company cellphone and maintained regular contact with his supervisor through phone and email.