Beyond the issue of incompatibility of activities, lying is the fatal mistake

Release date: June 25, 2013

In keeping with the Superior Court’s decision, the Court of Appeal ruled that an arbitrator had rendered an unreasonable decision in ordering the reinstatement of an operator who had been dismissed for engaging in incompatible activities during a medical leave, i.e. having performed snow removal activities on a regular basis during an absence due to depression, for lying to his employer and for failing to disclose his state of health to his attending physician and to the insurer. The arbitrator ruled that the primary reason for dismissal, i.e. the performance of incompatible activities, was unfounded and that the 2 other reasons were only accessories to the primary motive, which did not sever the bond of trust. According to the judges, the sentence ruling on the maintenance of the bond of trust was unreasonable, considering the fact that the employee defaulted on his obligation of candour and transparency. The case was redirected to another arbitrator.

Communications, Energy and Paperworkers Union of Canada, Local 847 (CTC) v. Hood Packaging Corporation, Paper Division, 2012EXPT-58, DTE 2012T-11 (C.A.) Justices Louis Rochette, Paul Vézina and Guy Gagnon

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