The employee’s experience did not exempt him from complying with safety rules
Release date: October 1st, 2026
The employee, who works as a fabricator, challenges the five-day suspension imposed on him for using an improper practice during a lifting operation. The employer alleges that the employee failed to follow the required steps for carrying out the operation safely. Out of haste and knowingly, the employee failed to take the time necessary to assess the load to be lifted. He then extended the chains instead of retrieving one of the appropriate length. As a result of the overload, one of the chain links broke. Moreover, the employee has 23 years of experience in his field of work and acknowledges having received the required training. In addition, a co-worker warned him before he carried out the operation in question, but this did not prevent him from persisting in his approach. These circumstances demonstrate a serious breach on the part of the employee that could have resulted in serious consequences. Given the employee's negligence, the suspension is upheld.
Association internationale des travailleurs en ponts, en fer structural, ornemental et d'armature, section locale 711 et Groupe Canam inc., 2026EXPT-570, 2026 QCTA 27, Me Jean-François Beaudry
From bulletin Gestion Plus
To suscribe, click here!
Back to the list
To the exclusive service of employers, Le Corre offers training workshops and publications on subjects solely pertaining to labour law. Both these tools help managers and human resources professionals to deal more effectively with the daily legal framework of their businesses.
