The employer allowed the misconducts to accumulate, fearing the employee’s reaction

A waitress at a bar filed a complaint under section 124 ARLS following her dismissal due to her attitude and her consumption of alcohol and drugs in the workplace. According to the tribunal, the employer did not prove the misconducts alleged against the employee that would justify her dismissal. The employer let the misconducts accumulate without intervening, out of fear of the employee’s reactions and because it was difficult to find a replacement for her. It was not until the day after the events that led to her absence from work that she was formally notified of some misconducts. However, she was unable to correct the situation because she never returned to work. The employer failed to meet its burden of proving just and sufficient cause for dismissal and did not comply with the principle of progressive discipline. The dismissal is cancelled.

Chevalier  c. 9276-9777 Québec inc./Hippo Club Brossard
2025EXPT-2386, 2025 QCTAT 4662 (DRT), a.j. Véronique Emond