Question of Law: Much ado about nothing

Felker decision merely confirms that senior employees have a duty to avoid conflict of interest.
By Jeffrey Miller
|Canadian HR Reporter|Last Updated: 03/30/2001

Q Is it just cause for dismissal if an employee uses company time to look for a new job?

A Given the right circumstances, absolutely, says the Ontario Court of Appeal in a recent judgment.

Sherman Cunningham met Kurt Felker while the two men were sharing a golf cart. Cunningham told Felker about his business, Electro Source, which distributed electronic components. Felker replied that he was in sales in the same field and that he hoped to set up his own distributorship, JAS Technology.