REFUSAL TO RESPECT SAFETY RULES ISSUED BY THE C.S.S.T. JUSTIFIED TERMINATION

Release date: January 4, 2006

The employee filed a complaint alleging to have been terminated because of an absence due to illness.

According to the employer, the termination of the employee, a roofer, resulted from his repeated refusal to wear his safety harness, despite the requirements of the C.S.S.T. According to the commissioner, the employer's requests were justified, since the life and health of employees can depend on whether or not these rules are respected. Furthermore, non-compliance can lead to major fines, and administrators and managers can even be imprisoned in cases of negligence (articles 22.1 and 217.1 of the Criminal Code). Even in the absence of increasing reprimands, the termination is not hiding a pretext, given the seriousness and recurrence of the reprimanded infractions. The termination is therefore upheld. Santerre and Maisons usinées Côté inc., DTE 2006T-906 (C.R.T.) Arlette Berger

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