Amit Arora was employed by ICICI Bank for 15 years, most recently as Assistant Vice-President, handling products for foreign students.
In October 2020, the Bank's data leakage prevention system flagged numerous emails from Arora’s work email to his personal email, containing confidential information.
Key Issues:
Termination for Cause:
The Bank terminated Arora's employment for cause, citing breaches of various policies.
Arora claimed wrongful dismissal and sought compensation.
Fiduciary Duties:
The Bank argued Arora breached fiduciary duties, but the court found he did not have the autonomy required to be a fiduciary.
Breach of Duties:
Arora breached duties of good faith, loyalty, and confidentiality by sharing confidential information with competitors (BMO and RBC), incorporating a company (BrainTree) to compete with the Bank, and involving subordinates in these plans.
Investigation and Honesty:
Arora was dishonest during the Bank's internal investigation, failing to fully disclose his activities and intentions.
Court Findings:
Breach of Duties: Arora breached his duties by sharing confidential information and planning to compete with the Bank while still employed.
Termination Justified: The court ruled the cumulative effect of Arora’s actions justified termination for cause.
Outcome:
The court ruled in favor of ICICI Bank of Canada, concluding that the Bank had just cause to terminate Arora's employment.
The court did not specify an exact amount for costs.