Municipal affairs: the apparent conflic of interest justified dismissal

Release date: March 20, 2010

An assistant to the public works director has lodged claims challenging his dismissal. The employer states that the employee placed himself in a conflict of interest situation by giving preference to a contractor, and that he claimed numerous unjustified expenses. According to the arbitrator, the obligation of loyalty takes on an added dimension in the public sector, since services to the population are involved. The mere possibility that an employee would place himself in a situation where he might give special weight to an interest other than that of his employer is enough to violate this obligation. It is not necessary to prove any real or potential benefit to the employee or any real prejudice to the employer. Furthermore, the assistant’s experience and knowledge of the construction community weigh against him. His hidden relationship with his preferred contractor through private negotiations is enough to rule that the bond of trust has been severed. Labrecque v. Montréal (City of) , 2009 QCCRT 0283, DTE 2009T-518 (C.R.T.) Me Jacques Vignola


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