A last-chance agreement covering the duration of the employment relationship is declared reasonable

Release date: December 3, 2012

A day worker challenges his dismissal for having failed to abide by a last-chance agreement signed in April 2007, whereby, in particular, he undertook to abstain from drinking and to submit to screening tests for the entire duration of his employment relationship with his employer. He was dismissed in September 2009, after showing up at work exuding the smell of alcohol and refusing to submit to a screening test. To begin with, the arbitrator emphasizes that the fact that the agreement covers the entire duration of the employment relationship does not make it applicable, to the extent that the effective delay is reasonable. On the other hand, the arbitrator notes that the employee has in effect violated the agreement which constituted a form of accommodation. In this context, she feels that asking the employer for a new accommodation, while the employee, on the other hand, contends that he did not violate the agreement, amounts to undue hardship. The grievance is rejected. T.U.A.C., Local 501 F.T.Q. v. Leblanc et Lafrance Inc., 2011EXPT-105, DTE 2011T-30 (T.A.) Me Joëlle L’Heureux.


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