He was browsing the Internet while working overtime

Release date: July 1st, 2016

An electrical technician challenged his dismissal after being caught watching a video on Facebook, downloading an inappropriate photo and navigating through various websites for personal purposes, while doing overtime at work. The employee alleged that another employee might have accessed his computer, which was not verified. According to the arbitrator, this was not only a matter of time theft. Though he acknowledged that employees should be given some latitude regarding occasional personal browsing, the arbitrator stressed the fact that the employee had downloaded and visited pornographic websites, which constituted aggravating factors. The autonomy required for the employee’s work, his lack of remorse and cavalier attitude convinced the arbitrator that a long-term suspension would not have changed anything. Dismissal was upheld.

Teamsters Québec, Local 1999 v. Société du groupe d’embouteillage Pepsi, DTE 2015T-491, 2015 QCTA 477, André G. Lavoie Esq.


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