Inability to become part of the team justifies termination

Release date: May 20, 2010

A crane operator on probation was dismissed due to his inability to integrate the team, which translated into poor interpersonal relationships and his refusal to work according to suggested methods. According to the arbitrator, though an employer cannot dismiss an employee during probation for any reason, the union must prove that the employer acted in bad faith or that he abused his right when he fired the employee. The fact that the crane operator’s position requires absolute confidence with the signalmen on the ground and that the employee had shown no intent to improve communications with his co-workers shows that he does not meet the requirements of the position. Since the working climate is an essential component of the position, the employer was justified in dismissing the employee due to his attitude towards his co-workers. Syndicat des employées et employés de techniques professionnelles et de bureau d’Hydro-Québec, Local 2000 v. Hydro-Québec (S. Saurette) , DTE 2009T-667 (T.A.) Me Marc Gravel


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