The week-long vacation he took costs him his job, despite his 45-year seniority

Release date: June 20, 2010

A deliveryman with 45 years’ seniority challenges his dismissal. The employer claims that he took an extra week’s vacation in order to attend a family event, despite his supervisor’s refusal. Following the employee’s absence for more that 3 consecutive days, the employer applied the clause calling for loss of seniority and employment. According to the arbitrator, the fact that the employee gave notice that he would be absent was insufficient. According to the collective agreement, he should also have had a valid reason to be absent, and campground reservations do not constitute a valid reason. The employee was absent knowing that he was violating a new provision of the collective agreement which allowed him to take only 2 weeks’ vacation. Insubordination is not a valid reason for absence in the meaning of the clause respecting loss of seniority and employment. The arbitrator has no alternative but to uphold the dismissal. Syndicat des travailleuses et travailleurs de Sysco Québec (CSN) v. Sysco Food Services of Québec Inc. (H. Cloutier) , DTE 2009T-628 (T.A.) Me André Matteau


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