Late whistle blowing regarding similar acts of theft committed by co-workers is an aggravating factor

Release date: May 9, 2009

A nailer with 22 years’ seniority challenges the dismissal inflicted upon him for taking goods out of a refuse container without permission, in violation of company policy. The arbitrator found that, although dismissal is not automatic in case of theft, the employee aggravated his situation by telling his supervisors that he had obtained the required authorisation when, two days earlier, he had made the opposite statement to police. In an attempt to redeem himself, he offered to blow the whistle on co-workers who also allegedly committed acts of theft. Waiting to be caught in the act before such whistle blowing is an offence of such serious nature as to irreparably sever the relation of trust. The dismissal is upheld. Fraternité nationale des forestiers et travailleurs d’usines, Local 299 v. Groupe Beaucenor Inc., Ste-Marie Plant (B. Giguère) , DTE 2008T-345 (T.A.) Me Côme Poulin (June, # 9)


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