“He didn’t fit in”: dismissal upheld
Release date: August 4, 2015
A blue-collar worker challenged his dismissal for his negative attitude towards instructions given to him, notably regarding the way he performed his tasks. Since this was a trial period for the employee, he was not entitled to the grievance procedure, and it was up to the union to prove that the employer had lacked good faith in applying the standard. The evidence did not support this. The evidence showed that the employee’s supervisor managed a small team and liked to have things done his way: the employee had trouble adjusting to this way of doing things, and was the only one in the team to have this problem. The process implemented with the employee to point out his shortcomings appeared equitable, as his supervisor met with him several times to spell out his expectations. During the final encounter, instead of acknowledging his shortcomings and showing a willingness to make amends, the employee chose to raise his voice while constantly trying to justify his actions. Under the circumstances, the grievance was rejected.
Syndicat des travailleuses et travailleurs de la municipalité de Weedon v. Weedon (Municipality) 2014 QCTA 945, DTE 2015T-75 (T.A.) Jean-Marie Lavoie Esq.
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