TD executive sues after being fired for adding Christian symbol to her email signature

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Denobrega’s claim says that the incident spurred her to offer support to the colleague and look into TD’s Christian-related resources, which ultimately left her unimpressed. Denobrega “felt that there were fewer resources for Christians at TD and more resources for the LGBT community which she found unfair,” the statement of claim says.

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When Denobrega found out that the colleague had been asked to remove the line from her email signature, she took her support a step further, adding the “I am HIS ✝️” line (without the reference to pronouns) to her own in solidarity.

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In a meeting with her boss and two HR representatives, Denobrega called for a TD-wide review of email signature compliance, explaining that her problem with company’s policy was that she felt it “only allowed for gender/sex identification and allowed no room for other identities.”

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Several more meetings followed, in which TD’s insistence that the email signature additions be removed and Denobrega’s push for a company-wide email signature check and escalation to the CEO were each rebuffed by the opposing sides. However, Denobrega did succeed in convincing TD to send an email blast reminding around 10,000 of its insurance division staff of the current email signature standards, according to her claim.

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In court documents, Denobrega is seeking compensation for $235,000 in lost pay and bonuses during a 12-month notice period, as well as a further $210,000 for punitive damages and human rights violations, arguing that TD’s punishment was disproportionate to her alleged misconduct.

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“Sonja had no intention of behaving in a manner that would jeopardize her employment” and was “completely unaware that her actions would result in her termination,” Denobrega’s claim reads.

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TD’s defence says that the code of conduct it provides to every employee warns that any breach could result in discipline, including termination.

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Meanwhile, its email signature standards prohibit personalization through “quotes, taglines, icons, images, slogans, or other personal statements.”

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In addition, TD’s email signature rules permit “only limited, optional identifiers such as personal pronouns, consistent with its obligations” under the company’s code of conduct, respectful workplace policy and applicable law, the statement of defence continues.

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Toronto employment lawyer Paulette Haynes, who has no involvement in the case, says each party will face its own challenge as the dispute progresses through the court system.

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On the issue of alleged discrimination, Denobrega will have the burden of proving a link between her religious views and the reasons for her termination, Haynes explains.

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“The bank’s defence says that she has not established that causal nexus,” she adds.

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Meanwhile, the onus will shift to TD to back up its claim for “just cause” termination, which allows an employer to fire a worker without paying any severance.

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“I always tell my employer clients that it’s an uphill battle when you terminate for just cause,” Haynes says.

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“The misconduct has to be so egregious that it basically breaches the employment contract in a fundamental way,” she adds, explaining that proving a case depends heavily on the specific facts.

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A judge who ultimately hears the matter will look closely at the context when assessing whether an employer was right to invoke just cause, including the worker’s employment history and disciplinary record, Haynes says.

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“It’s a unique case and I’ll be watching closely,” she says.

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