“Steal an egg, steal an ox”

Release date: August 1st, 2016

The employer called for a judicial review of an arbitration ruling that substituted a six-month suspension for the dismissal of a shipping clerk with thirty-five years of service, who had stolen two bags of chips and refused to collaborate during the investigation. The judge emphasized that the sanction imposed by the employer was deemed just and reasonable: consequently, the arbitrator was expected to use caution before cancelling it and to establish the existence of exceptional circumstances. According to the judge, the arbitrator’s ruling was misguided, since the fact that this was an isolated act was the only extenuating factor held for consideration, the latter adding that if there had been other thefts, the dismissal would have been upheld. However, case law is clear to the effect that, even if this was a single incident of theft, dismissal could be seen as the appropriate sanction. Finally, the arbitrator did not comment on the circumstances as a whole, as he ignored the employee’s lack of cooperation during the investigation conducted by the employer. The arbitrator’s decision was therefore overturned and the employee’s dismissal was upheld.

 Croustilles Yum Yum enr. v. Roy, DTE 2016T-6, 2015 QCCS 5591, Justice Manon Lavoie (Application for permission to appeal, 200-09-009172-153)


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