Problem:
Shasha, 43 years old, was a bank employee with three years' service who was employed by Coast Capital Savings in the non-unionized position of information technology (IT) support. During her time with Coast Capital Sasha had been a valued employee with an unblemished record. Because of her IT support role, Sasha had virtually unlimited and unsupervised access to confidential documents (both internally related to staff as well as for clients). One of the files Sasha had access to was a document outlining the internal staff list for designating parking spots (otherwise known as "priority parking"). Parking spots were given on a seniority/reward basis and the "Priority Parking" document stated where each employee was on the list. One day, when Sasha new her manager was not working, Sasha decided to access the sensitive "Priority Parking" document without permission to satisfy her curiosity about where she was in the employee hierarchy. As soon as Coast Capital found out about this action, it dismissed Sasha for just cause. Sasha sued the employer for wrongful dismissal arguing that the termination was unfair.
1. Using the general legal test, did the employer have just cause to dismiss Sasha?
2. Now assume the workplace was unionized and the collective agreement contained agreement contained the following:
"No employee may be dismissed absent just cause. Just cause is defined as gross incompetence, off - duty misconduct which prejudices the employer's operation, or any other misconduct or inaction which would affect customer accounts." Can the employer dismiss Sasha for just cause?