SECTION 124: SENIORITY IS NOT ALWAYS THE DETERMINING FACTOR WHEN LAYING OFF EMPLOYEES

Release date: December 10, 2007

SECTION 124: SENIORITY IS NOT ALWAYS THE DETERMINING FACTOR WHEN LAYING OFF EMPLOYEES

A receiving clerk filed a complaint pursuant to L.S.A. section 124, alleging that he was dismissed without just cause, whereas the employer claimed the employee was laid off. Following a sales decrease, the employer was forced to restructure the company, laying off 11 people, including the plaintiff, as well as abolishing a management position. According to the commissioner, the evidence showed that a restructuring of the company took place, and that the criteria used by the employer in its selection of employees—versatility and competence, particularly the ability to drive a forklift and autonomy in performing tasks—were not arbitrary, abusive or discriminatory. The C.R.T. could not impose the use of seniority as a criterion, since it had not been used previously. Therefore, the complaint was rejected. Oscar Rojas-Zalaya and Dynaplast Extruco Inc. , 2007 QCCRT 0114 (C.R.T.) March 6, 2007, France Giroux

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