In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court upheld the for cause termination of an Executive Director with 17 years of service and no prior disciplinary record. As Executive Director, the Plaintiff was a fiduciary employee. It was crucial that she acted with honesty and integrity in discharging her duties.

The Plaintiff was terminated for cause after engaging in a series of misconduct. While the Court found that the various individual acts of misconduct were “not major” and would not amount to just cause for termination on their own, the Court nevertheless found that taken together, the Plaintiff’s misconduct demonstrated a lack of honesty and integrity which was incompatible with the fundamental terms of the employment relationship.

Background 

The Plaintiff, Sybil Goruk, was employed by the Barrie Chamber of Commerce (the “Chamber”), a not for-profit organization, in the role of Executive Director. The volunteer board of directors (the “Board”) of the Chamber was limited in its ability to oversee Ms. Goruk’s activities. The Board relied on her integrity and trustworthiness in fulfilling the duties of her role.

In February of 2014, Ms. Goruk was placed on paid administrative leave, pending an investigation of some “irregularities” after she allowed a member of the Chamber to circulate a controversial e-broadcast complaining about the Board.