Violent behaviour during a Christmas party: the employer is entitled to take severe action

Release date: November 20, 2009

A baggage handler challenges a 3-day suspension. At the end of the Christmas reception organized by the employer for staff and clients, the employee threatened to break the restaurant owner’s legs and broke a chair because he could not find his coat. According to the arbitrator, the party took place under the employer’s authority. The latter was therefore entitled to penalize the employee even though his actions were committed outside working hours and outside the workplace. Since the employee’s actions could potentially tarnish the employer’s reputation and since he already had a disciplinary file, the employer was justified in handing down a 3-day suspension. The grievance is rejected. International Association of Machinists and Aerospace Workers, District 140, Local 2309 v. Servisair (A. Minassian) , DTE 2009T-448 (T.A.) Me Nathalie Faucher


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