Trouble controlling his anger: dismissal is confirmed

Release date: April 2, 2012

A day worker with 6 months’ seniority challenges his dismissal. The employer claims that his behaviour became violent during a discussion with his foreman and, a few weeks later, that he threw punches into a service box after being informed of distressing personal news. These events, which came after other similar incidents, generated a feeling of insecurity among employees. According to the arbitrator, the employee has a violent, aggressive and intimidating disposition, as evidenced by his criminal record (death threats, weapons’ possession, robbery) and the intimidation he inflicted on the Vice President of Production at the latter’s residence after being dismissed. In addition, the employee has little seniority, he has already received a warning and accumulated numerous late arrivals and early departures from work. Dismissal is upheld. Câbles Ben-Mor Inc. v. Syndicat des salariés de Les Câbles Ben-Mor Inc., 2010EXPT-2325, DTE 2010T-698 (T.A.) Me François Hamelin.


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