Pirani v. CIBC
NASEEM PIRANI
Law Firm / Organization
Not Specified
Lawyer(s)

Alnaz Jiwa

CANADIAN IMPERIAL BANK OF COMMERCE

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
Superior Court of Justice - Ontario
CV-15-00532842-0000
Employment law
Defendant