Harm to managers’ psychological integrity: an order to safeguard is granted

The employer and the union are seeking orders to safeguard following the filing of a grievance. The union accuses the employer of failing to protect the blue-collar workers from a foreman’s uncivil behaviour, while the employer accuses the union of harming the psychological integrity of the foreman and an HR business partner and of creating a toxic work environment. The arbitrator reiterated that an order to safeguard is an exceptional measure. He concluded that both grievances had an appearance of right, but that only the employer demonstrated serious and irreparable prejudice due to the real risk of harm to the psychological health of its managers, whereas the prejudice alleged by the union is hypothetical and speculative. The balance of inconvenience also favours the employer, as refusing to grant a safeguard order could increase the harm suffered by the managers. The employer’s request is therefore granted in part, and the union’s request is dismissed.

Ville de Drummondville  and Syndicat de la fonction publique, section locale 5223
2026EXPT-432, 2026 QCTA 33, Mtre Michel J. Duranleau, arbitrator