The GPS confirmed that he was steeling time from his employer

Release date: November 1st, 2013

A truck driver with 13 years’ seniority challenges his dismissal. The employer noticed that his truck drivers, instead of noting their breaks on their log books, would note them at the end of the day, for which they claimed overtime pay. A clear guideline was thereupon issued on how to fill out time sheets and on the time allowed for breaks. Noting some irregularities regarding the employee’s log book, the manager conducted an investigation, then dismissed the driver for time theft. The truck was equipped with a GPS, recording his position in real time, and the readings were submitted as evidence. According to the arbitrator, the employee’s explanations do not hold up in the face of technical evidence. Considering the seriousness of the offence, the repeated falsification of documents used as the basis for pay, the high degree of autonomy enjoyed by the employee and the absence of any remorse, the dismissal was upheld, notwithstanding the employee’s blank disciplinary file.

Syndicat des salariés d’Emballages Mitchell-Lincoln (division Drummondville) -CSN v. Emballages Mitchell-Lincoln ltée 2013EXPT-1636, DTE 2013T-592 (T.A.) M. Marc Poulin


From bulletin Gestion Plus
To suscribe, click here!

Back to the list
To the exclusive service of employers

To the exclusive service of employers, Le Corre offers training workshops and publications on subjects solely pertaining to labour law. Both these tools help managers and human resources professionals to deal more effectively with the daily legal framework of their businesses.

Laval

450 973-4020

Toll free

1 877 218-4020

Fax

450 973-4010
By email