DISMISSAL UPHELD FOR INABILITY TO HAVE NORMAL INTERPERSONAL RELATIONSHIPS

An assembly and reception clerk challenges her dismissal. This measure follows an investigation by the employer who had received several complaints of psychological harassment referring to this employee. The employer charges that she jostles, injures and assaults her co-workers, with repeatedly inappropriate comments and attitudes, such as intimidation, threats and put-downs, creating an unwholesome working environment. The employer has declined to impose disciplinary measures, deeming that the employee is unfit or unable to have normal interpersonal relationships with people who do not share her views or who exercise some authority over her. According to the arbitrator, the administrative dismissal was justified, as the employee was incapable of living in harmony within her working environment. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Local 1044 v. Gecko Électronique Inc. (M.-C. R.), DTE 2007T-788 (T.A.) Me Jean Gauvin