Graduated sanctions are calculated differently in the case of an executive

Release date: January 3, 2012

The employee, who held a lieutenant’s position in a fire station, challenges his discharge under the Municipal Code. The employer’s complaint has to do with his unavailability, the fact that he does not respect his supervisor’s authority, and his general attitude. The employee alleges that he never knew what was being held against him and that the employer did not abide by the principle of graduated sanctions. In this case, due to the more significant obligation of loyalty, an employer expects an executive to amend his behaviour without being necessarily obliged to go through the entire spectrum of disciplinary measures. However the employee received a number of written notices to the effect that his performance and behaviour were unsatisfactory, yet he did not amend his behaviour. Instead, he showed ill will and an intransigent attitude. In this context, dismissal was justified. Sincennes v. Val-des-Monts (Municipality of), 2010EXPT-1319, DTE 2010T-373 (C.R.T.) Me Alain Turcotte.


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