Dismissal of an employee with anti-social behaviour: heaven helps those who help themselves

Release date: February 2, 2019

A truck driver with 15 years' seniority challenged his administrative dismissal following his refusal to cooperate in the steps taken to assess his fitness to work, as he was behaving in an intimidating and harassing manner towards his colleagues and clients. His driving behaviour also reflected his disregard for the safety of others. The employer's numerous administrative and disciplinary interventions had not changed the employee's behaviour. After hearing the medical evidence, the arbitrator concluded that the employee's problems resulted from an antisocial personality trait or disorder, not from the ADHD diagnosed a few years earlier. The fact that the employee is aggressive and lacks civic-mindedness and self-criticism are personality traits, not a physical or mental illness or disability, and there is no medical evidence to support the conclusion that this is a disability. The employer therefore had no duty to accommodate the employee, and his decision to terminate the employee's employment was reasonable.

UFCW, Local 501 v. Provigo Québec Inc., 2018EXPT-1387, 2018 QCTA 319, Nathalie Faucher

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