Psychological injury : normal exercise of managerial rights

Release date: October 1st, 2019

A ticket agent employed by the Société de transport de Montréal contested the CNESST’s (workers’ compensation board’s) refusal of a claim he submitted. The employee had a number of marks against him in his disciplinary file due to his incivility. For example, he had said scornfully, “It’s not my job to educate the clientele” and claimed that customers were “oversensitive.” After being notified of a 15-day suspension, the employee was absent due to adjustment disorder with anxiety and depressed mood. The tribunal noted that the employer had high expectations that went beyond the basic rules of politeness and respect, but that these expectations were in keeping with the nature of the enterprise. The employee knew the rules and had been issued reminders. According to the tribunal, the employee was not subjected to unfair and discriminatory treatment, as the employer had acted transparently and proceeded step by step. The employer had thus exercised its managerial rights without exceeding the normal work framework expected of an enterprise that provides the population with public transit. The dismissal was therefore not a sudden and unforeseen event, and the worker did not sustain psychological injury.

Morin and Société de transport de Montréal
2019 QCTAT 976 (SST), a.j. Anne Vaillancourt


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