Maintaining the employment relationship while claiming severance of the bond of trust is inconsistent
Release date: August 1st, 2013
An agent with 10 years’ seniority challenged his dismissal for having falsely claimed to hold a high school diploma at time of hiring. He got a job with the employer, however, that did not require a diploma. Over the years, the employer was always very pleased with the employee’s work, and the latter was given various promotions. In April 2011, the employer found out that the employee had made up the diplomas submitted at time of hiring. Yet it took until July before he met with the employee, then dismissed him. At the hearing, the employer stated that he no longer trusted the employee. However the employer did not convince the arbitrator, particularly in view of the fact that the employee’s supervisors, when they uncovered the employee’s false statement, had not even suspended him during the investigation. Since the employer was unable to prove that the bond of trust had been severed, the dismissal was overturned. However, given the seriousness of the fault, the employee was not granted any financial compensation.
Syndicat de la fonction publique et parapublique du Québec v. Québec (Régie des rentes du), 2013EXPT-935, DTE 2013T-327 (T.A.) Mr. Jacques Doré
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