Exhibitionism cannot be trivialized

An anodizer and team leader, is contesting his dismissal. The employer accuses him notably of having encouraged a colleague to slow down the work, to have threatened to supplant him and for exposing his penis to him on several occasions. The evidence revealed that the employee behaved in a degrading manner toward his colleague in order to break him down and force him to slow down. It was a hostile and unwanted behavior that has undermined his colleague’s dignity and integrity. Furthermore, encouraging a slowdown in activities is a reprehensible act, aggravated by threats of replacement. In addition to these threats, there are acts of indecency intended to taunt the colleague. This goes beyond a “bad joke”. By denying most of the accusations, the employee does not show any remorse for his mistakes. The employee’s clean disciplinary file and 11 years of seniority cannot justify a less severe sanction. The dismissal is upheld.

Syndicat des travailleuses et travailleurs de Sonaca – Montréal CSN  and Sonaca Montréal inc.
2025EXPT-2277, 2025 QCTA 476, Mtre Robert L. Rivest