A British Columbia court has ruled that a bank was justified in firing a personal banker for improperly accessing its databases.

In the case, Cesar Carias sued CIBC for wrongful dismissal. He worked at a Vancouver branch of CIBC from 1996 until his dismissal in December 2000.

Justice J.D. Taylor of the B.C. Supreme Court found that he was not dismissed because the bank discovered the nature of a disease, hepatitis B, he had contracted. It said, “There is simply no evidence to support the plaintiff’s belief that his illness was the reason for his termination or had anything to do with it.”

Rather, the judge found that the bank was justified for dismissing him for making unauthorized use of his authority to retrieve information from one of its databases. The bank said Carias used the databases to look up the salaries of fellow employees. The judge said, “I am satisfied that the plaintiff made the prohibited inquiries…”

The judge also said, “In my view, this conduct reveals a character flaw that goes to the fundamental requirements of a Banker — that being integrity and high moral character… The role of a banker is different from even other forms of employment where honesty may also be held in high regard.”

“I conclude that as a result of his initial transgression in making the prohibited inquiries, he breached the confidentiality required of him in terms of access to customer and employees’ accounts.

He then compounded this error with his subsequent conduct and dealings with his manager and fellow employees.

He demonstrated a character incompatible with the faithful discharge of his duties.

As such, his summary dismissal was justified,” the court concluded.