The director who alleged being subjected to psychological harassment from a subordinate did not do her job

Release date: August 1st, 2011

A crew leader challenges his dismissal. The employer contends that he subjected his superior, the technical director, to psychological harassment as well as several incidents of insubordination. According to the arbitrator, the conflicts between the employee and his superior, such as defiance of authority, “bitching”, mockery, etc., are not attributable to a psychological harassment campaign, since these conflicts have been identified and connected with issues directly related to the workplace. Such complaints were in no way a justification for dismissal. The arbitrator emphasizes that the director did not document the employee’s file, did not give him notice or sanction him, and that she did not report this situation to her superior. In fact, she did not act the way a representative of the employer should have acted under such circumstances. A written warning is substituted for dismissal. IATSE v. Grands Ballets canadiens de Montréal (M. Duquette) , 2010EXPT-855, DTE 2010T-238 (T.A.) Me Pierre Laplante


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