Denunciation to UPAC and email to six hundred users: intemperate and illegitimate conduct

Release date: March 1st, 2017

A computer analyst lodged a complaint under section 122 ALS (Act respecting Labour Standards) challenging her six-month suspension. She claimed that this was retaliation in response to a denunciation she submitted under the terms of the Anti-Corruption Act. The employer alleged that her suspension was in fact related to the employee’s email referring to the content of her denunciation, which she sent to six hundred users. According to the judge, the employer had proven that the reasons leading to his disciplining the employee were founded on just and sufficient cause. The employee’s intemperate and illegitimate conduct was the actual reason for her suspension. As her allegations of plagiarism of documents issued by Revenue Quebec were not upheld, the employee decided to act as a crusader by denouncing what she considered to be illicit activities. The unsubstantiated accusations she circulated damaged the employer’s reputation. In addition, by her very attitude, the employee showed insubordination and fell short of her duty of loyalty. The complaint was rejected.

Rochon v. Télé-Université, DTE 2016T-622, 2016 QCTAT 4389 (DRT), Line Lanseigne Esq. (Petition for revision submitted, 200-05-020244-161)

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