Pirani v. CIBC

Case Overview

• Plaintiff: Naseem Pirani
• Defendant: Canadian Imperial Bank of Commerce (CIBC)
• Plaintiff's Termination Date: July 25, 2013
• Plaintiff's Employment History: 8.5 years with CIBC, Senior Financial Services Representative
• Plaintiff's Age at Termination: 58;
• Age at Trial: 68
• Plaintiff's Annual Salary: $55,000 with discretionary bonuses

Nature of the Claim

• Plaintiff alleged wrongful termination on July 25, 2013.

Procedural Issues

• No motions were heard due to a lack of notice to the Pre-Trial Judge
• Plaintiff testified but called no other witnesses
• CIBC called two of Plaintiff's former managers
• Parties submitted an Agreed Statement of Facts and Joint Book of Documents

Background

• Plaintiff started as Senior Financial Advisor at CIBC in December 2004
• Received two written warnings in November 2010 and February 2013
• Signed an Employment Agreement to follow CIBC policies
• Went on sick leave in November 2010, returned January 2012
• Held the last position as Senior Financial Services Representative

Conclusion

• The court found in favor of CIBC
• CIBC had established just cause for dismissal due to Plaintiff's repeated breaches of the Code of Conduct and policies
• Plaintiff's actions constituted a breach of the employment agreement and posed risks to CIBC
• The dismissal was deemed proportional due to Plaintiff's defiance of employment duties and obligations
• No financial loss was necessary; the risk of privacy breaches sufficed
• Plaintiff's action was dismissed; CIBC's response was deemed justified