Chronic lateness is incompatible with a teacher's position

A 60-year old teacher with 23 years’ seniority challenges his dismissal due to a chronic lateness issue. Over a period of 3 ½ years, the employee, who reported to work late on no less than 92 occasions, was given numerous notices and disciplinary measures, yet without changing his behaviour. According to the arbitrator, the fact of holding the position of a teacher, who is expected to serve as a role model for students, amounts to an aggravating circumstance. With respect to attendance and availability for work, an employee has an obligation to produce results involving the requirement to correct, not just improve, an unjustified lateness problem. Considering the fact that the employer followed the principle of progressive sanctions, and that the employee had numerous opportunities to amend his behaviour, the dismissal is upheld. Syndicat des professeurs de l’État du Québec v. Québec (Government of) (Ministère de l’Immigration et des Communautés culturelles (S. Séguin) , DTE 2009T-319 (T.A.) Me Claudette Ross