CIBC wrongfully dismissed financial advisor in bad faith: Court

Bank’s sketchy discipline decisions and poor investigation of alleged misconduct led to bad faith dismissal

When employers become aware of potential breaches of policy, they have reason to be concerned and to take action. This is particularly true for employers with a high responsibility to the public and high standards of trust and professionalism for employees, such as financial institutions. However, regardless of how high those standards are, misconduct must be legitimate and proven to warrant discipline or dismissal. The difference between a good and bad investigation into misconduct can start with the approach — is it an impartial effort to determine what happened, or is it an attempt to simply prove allegations? If it’s the latter, there is a risk of painting the facts in a biased way. And pursuing a biased investigation can lead not only to wrongful dismissal, but also bad-faith damages. Even if the employer is a bank.

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