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Stockbrokers, Whores, and Employment Law

Rude1_247

TRIBE Member
Canadian HR Reporter said:
hrreporter.com,
March 28, 2006
No prostitutes allowed
Senior RBC stockbroker fired for bringing a prostitute back to the office
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A high-ranking stockbroker, who hired a prostitute, took her back to the office late at night and left her there, is suing his former employer for wrongful dismissal.

RBC Dominion Securities fired Jim Whitehouse of Calgary two days after the alcohol-fuelled incident on Jan. 22, 2004.

RBC has countersued, stating that Whitehouse damaged the company's reputation and compromised security and client confidentiality by bringing the prostitute back to the office and then leaving her there.

Whitehouse testified that he had been living a double life, drinking heavily and hiring prostitutes at night, while remaining in the top 10 per cent of RBC's investment advisers by day.

He said the woman demanded payment once they arrived at the office and he told her to leave. He said they didn't have sex and that he didn't owe her anything.

She refused to leave, so he gave her directions out of the office and left to find a security guard. When he couldn't find one, he took a cab home.

The next day, she returned to the office, and staff testified that she was screaming, demanding $1,000.

Whitehouse told the court he wasn't given the chance to explain the situation and was stunned by his termination.
link: http://www.hrreporter.com/loginarea/members/viewing.asp?ArticleNo=4335

So awesome. The best part about it is that he's actually got a shot at winning a wrongful dismissal suit and RBC has now blown this up into a national PR issue.
 

Amy_J

TRIBE Member
Rude1_247 said:
link: http://www.hrreporter.com/loginarea/members/viewing.asp?ArticleNo=4335

So awesome. The best part about it is that he's actually got a shot at winning a wrongful dismissal suit and RBC has now blown this up into a national PR issue.
aside from not having a chance to explain the situation, is there some way he could win the wrongful dimissal? seems to me they're right in sayin he put confidentiality shit at risk by just leaving her there.
 

Rude1_247

TRIBE Member
Amy_J said:
aside from not having a chance to explain the situation, is there some way he could win the wrongful dimissal? seems to me they're right in sayin he put confidentiality shit at risk by just leaving her there.
That's the stickler... the fact that he left someone in there without him being present. He'd only need to show though that she couldn't have had access to confidential information (i.e. everything was locked up and his electronic files password protected).

Next to impossible to dismiss someone for moral reasons, so the the fact that she was a prostitute wouldn't make a difference.
 
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Skipper

TRIBE Member
I don't think he could prove everything was locked up though.
and I wouldn't think it would matter - I would expect at a place like an RBC office, security is tight and visitors need badges or to be cleared through security.

I've never worked at an office that didn't have 24 hour security requiring someone to sign visitors in.
 

Rude1_247

TRIBE Member
I don't know, I've seen situations far worse than this where the employee won either a wrongful dismissal case or a whole boatload of additional severance pay. Even in situations where employees have stolen property and money from their employer, they've managed to squeek out a win.
 

Rude1_247

TRIBE Member
I believe he admitted he was drunk. (in fact, if he played the alcoholic card he might even be better off.... )

edit: to elaborate a little, alcoholism and drug addiction are considered disabilities and as such the employer has to make a reasonable attempt to accomodate the disability and provide assistance. This is all dependent on whether a qualified professional declares the employee to be an alcoholic... you can't self-declare.
 
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Skipper

TRIBE Member
I just don't see how anyone thinks they win in this case - if he gets his job back, he's going to get fired for something stupid eventually anyways.

People who fight wrongful dismissals always baffle me. I understand the principle, but if all you get is your job back, well..
 

Amy_J

TRIBE Member
Skipper said:
I just don't see how anyone thinks they win in this case - if he gets his job back, he's going to get fired for something stupid eventually anyways.

People who fight wrongful dismissals always baffle me. I understand the principle, but if all you get is your job back, well..
they're not usually fighting for their job back, but for compensation or severance etc.
 

Rude1_247

TRIBE Member
Skipper said:
I just don't see how anyone thinks they win in this case - if he gets his job back, he's going to get fired for something stupid eventually anyways.

People who fight wrongful dismissals always baffle me. I understand the principle, but if all you get is your job back, well..
Depends, he was a top performer so it's not as though he was doing his job poorly. This could have been a case where HR was the one who wanted to terminate him whereas his actual business manager couldn't give a sh*t. If the wrongful dismissal case went through and he was reinstated the only "loser" would be HR for mishandling it in the first place... the employee, the business manager, and the company would all win.
 
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