He misplaced a deposit: the employer's reprimand and claim for $2,500 are justified

Release date: August 9, 2009

While he was in charge of deposits, a deliveryman left his deposit laying on a counter without supervision instead of dropping it in the chute provided for this purpose. This negligence led to the employer’s loss of over $2500. The latter then reprimanded the employee and demanded payment of the lost sum. According to the arbitrator, there is no double sanction, since the employer applied a disciplinary measure (the reprimand) and a non-disciplinary measure (the claim for damages) following the same misconduct. The employee did not honour his contractual obligation to secure his deposit, which justified the application of a disciplinary measure. In addition, the employer was entitled to claim a loss of revenue, by way of grievance, as a plaintiff by counterclaim in relation to the grievance challenging the reprimand. This grievance is therefore rejected and the employer’s claim is upheld. Syndicat des travailleuses et travailleurs de la Brasserie Labatt (CSN) v. Brasserie Labatt (J.T.), DTE 2008T-536 (T.A.) Me Gabriel-M. Côté (Sept., # 9)


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