Former Rogers CEO Joe Natale sues for wrongful dismissal, seeking $24M | Canada News Media
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Former Rogers CEO Joe Natale sues for wrongful dismissal, seeking $24M

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Former Rogers CEO Joe Natale is suing the company for wrongful dismissal and breach of contract, alleging Rogers chairman Edward Rogers carried out “malicious, high-handed, and oppressive conduct.”

In a statement of claim filed with the Ontario Superior Court of Justice on Thursday, Natale accused Edward and his wife Suzanne Rogers of attempting to “tarnish his reputation” following his ouster in November 2021.

But Rogers called its former chief executive’s claims “baseless” and alleged Natale “engaged in serious misconduct” while serving at the company’s helm. It said as a result, it has now terminated Natale for cause.

In court filings, Natale accused Edward and Suzanne Rogers of hiring actor Brian Cox of HBO’s Succession to create a “demeaning” video about him and allegedly distributing it to family members, friends and colleagues, before it was eventually reported on by media.

The video included a message congratulating Edward Rogers on his “real-life succession at Rogers Communications” and used an expletive to describe Natale’s departure from the company.

He said he and his firm Natale Industries Inc. are entitled to a combined $24 million, including $4 million from an unpaid bonus related to the closing of Rogers’ acquisition of Shaw Communication Inc. in April.

None of the claims in Natale’s suit have been tested in court.

Boardroom struggle

Natale’s departure from the Toronto-based telecommunications giant was announced following a boardroom power struggle over the chairman’s desire to replace him with then-chief financial officer Tony Staffieri.

Edward’s initial attempt to oust Natale in favour of his No. 2 led instead to Staffieri’s departure in September 2021, as well as a board vote that saw Edward removed from his seat at the head of the table.

Rogers Communications plagued with leadership dispute and family infighting

Telecom giant Rogers Communications has been thrown into turmoil over an internal leadership dispute between members of the Rogers family itself. All this while the company tries to finalize a massive $26 billion deal to take over Shaw Communications.

Edward penned a shareholder resolution — without a shareholder meeting — to oust the five directors who had defied him. The company filed a legal challenge to his revamped board, sparking a court battle over who actually served on it.

A British Columbia Supreme Court judge ruled Edward Rogers’ declaration legitimate and he was reinstated as chairman.

Staffieri replaced Natale as president and CEO in the aftermath of the ruling.

In the court filings, Natale said he negotiated and agreed upon the terms of his severance in a series of meetings with Edward in September 2021, that were approved by the Rogers board.

But he said a group of board members then asked him to stay on as CEO against Edward’s wishes “to support the strategic priorities of the business, including to complete the Shaw Deal and support the complex regulatory approvals and post-merger integration efforts.”

Natale said the company enhanced his employment terms in written contracts in October 2021, before he was terminated the next month. He said the company has a contractual obligation from those deals to provide him with certain entitlements on a termination without cause but has refused to do so, “instead only providing Natale with compensation consistent with a termination without cause” under his previous contract.

Rogers chair Edward Rogers, left, won a battle with former CEO Joe Natale, right, for control of the company. (Chris Young/The Canadian Press)

In a statement, Natale spokesman Bill Walker of MidtownPR said “it is unfortunate that Rogers will not honour its commitments made to Mr. Natale.”

“His employment agreement, put in place by the board of directors at the time was clearly articulated, duly executed and designed to ensure continuity during the Shaw merger,” Walker said in an email.

“We are confident that the courts will share this view.”

Rogers spokesperson Sarah Schmidt said the company plans to “defend itself vigorously against his baseless claim” and will file a counterclaim to address alleged “improper behaviour” on Natale’s part.

“An independent investigation has revealed that Joe Natale engaged in serious misconduct during his time as CEO. As a result, we have made the necessary decision to terminate him for cause,” Schmidt said.

“While we would have preferred to deal with this matter privately, Mr. Natale has left us with no choice.”

Schmidt said that Rogers’ investigation revealed that in October 2021, Natale knew steps were being taken to make changes to the company’s board which would end his tenure as CEO. She alleged Natale awarded himself “excessive compensation without proper board approval” before his departure.

“This, and other actions, were a serious breach of his fiduciary duties as a chief executive officer and director of a public company,” she said.

“Mr. Natale was aware of the investigation and given an opportunity to respond. He understood the implications of its findings and the lawsuit is an attempt to get ahead of the investigation.”

Earlier this year, Sun Life Financial Inc. named Natale to its board of directors.

Natale had been chief executive at Telus Corp. before joining Rogers.

 

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

Companies in this story: (TSX:T)

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

The Canadian Press. All rights reserved.

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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