Forklift operator: no need for a serious accident to justify dismissal

Release date: July 5, 2018

The union challenged the dismissal of a forklift operator who had made a dangerous manoeuvre. While at the wheel of his forklift, the employee allegedly passed under the forks of another moving forklift, putting his own safety and that of his co-worker at risk. The employee denied everything, adding that such a move was very risky and that it was unthinkable that someone would do such a thing. The arbitrator dismissed the employee's version and concluded that the alleged act was indeed committed. The union argued that such misconduct did not warrant dismissal, particularly since there had been no accident or consequence. The arbitrator first pointed out that in matters of occupational health and safety, an employer does not have to wait until a serious accident occurs before resorting to dismissal. She concluded that the employee's misconduct could indeed justify dismissal without progressive sanctions. The arbitrator explained that she could not intervene to overturn the dismissal and impose an obligation on the employer to re-affirm his trust in the employee, despite the fact that the employee denied the charges against him. Dismissal was upheld.

Syndicat des travailleuses et travailleurs de A. Lassonde v. A. Lassonde Inc.
2017EXPT-1841, 2017 QCTA 667, Nancy Ménard-Cheng Esq.


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