Her trip to the South cost her more than the all-inclusive

Release date: June 1st, 2018

A nurse challenged her dismissal for being absent under false pretences for the sake of a trip to Cuba. The evidence showed that the employee had obtained a medical certificate authorizing a ten-day absence covering the duration of her trip, and that she was denounced by a colleague. When she returned to work, the employee was wearing a mask and long sleeves. When an administrator questioned her about her tan, she explained that she had been to a tanning salon. The employer terminated her employment, charging that she had committed a fraud and that she had lied during the investigation. He also charged that she had lied following her dismissal and during arbitration. The union objected to the latter item’s admissibility, but the arbitrator overruled this objection, deeming that in a case involving dismissal, any evidence pointing to an employee’s chances of rehabilitation was pertinent. In view of the seriousness of the offence and the presence of a number of aggravating factors, including premeditation, lies and the employee’s low level of seniority, i.e. less than a year, the arbitrator ruled that she had irremediably severed the bond of trust. Dismissal was upheld.

 

Syndicat des professionnelles en soins du Saguenay – Lac-St-Jean v. CIUSSS du Saguenay – Lac-St-Jean, 2017EXPT-1950, 2017 QCTA 733, Gabriel-M. Côté Esq.


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