A psychological harassment claim: the employer's motion to dismiss is upheld

Release date: November 20, 2009

A PSYCHOLOGICAL HARASSMENT CLAIM: THE EMPLOYER’S MOTION TO DISMISS IS UPHELD A bus driver lodged 2 grievances alleging that he was subjected to psychological harassment by his employer. When the union finished presenting its evidence, the employer submitted a motion to dismiss alleging that the union’s evidence, on face value, did not lead to any possible conclusion that the employee was a victim of psychological harassment. The arbitrator upheld the employer’s motion, judging that none of the alleged incidents met the definition of psychological harassment. He noted that all the employer did was to apply the collective agreement or reasonably exercise his discretionary right to penalize a vindictive and belligerent employee who always tried to have the last word and deflect responsibility on other people. In this sense, the employee was responsible for his own demise. The grievances are rejected. Limocar Basses Laurentides Reg’d. v. General Truck Drivers, Warehousemen, Helpers and Automotive Employees, Teamsters Quebec, Local 106 (FTQ) , October 9, 2009 (T.A.) Me François Hamelin


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