Arora v. ICICI Bank of Canada
AMIT ARORA
Lawyer(s)

Jason Jagpal

ICICI BANK OF CANADA
Law Firm / Organization
Gowling WLG (Canada) LLP
Lawyer(s)

P.A. Neena Gupta

Background:

  • 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:

  1. Termination for Cause:
    • The Bank terminated Arora's employment for cause, citing breaches of various policies.
    • Arora claimed wrongful dismissal and sought compensation.
  2. Fiduciary Duties:
    • The Bank argued Arora breached fiduciary duties, but the court found he did not have the autonomy required to be a fiduciary.
  3. 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.
  4. 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.

 

Superior Court of Justice - Ontario
CV-21-00664265-0000
Employment law
Defendant