Small work team : impact of negative attitude on work atmosphere an aggravating factor

A blue collar worker contested his dismissal for insubordination. Despite two five-day suspensions, he had continued to defy the general manager and coordinator, in particular by refusing to comply with schedules and perform assigned tasks. He was also disrespectful towards his superiors and co-workers and criticized decisions made by the municipality. According to the arbitrator, by denying all accusations and constantly threatening to file a grievance, the employee had shown that he did not intend to cooperate. To the contrary, he was trying to establish his authority and discredit that of his superiors. In the presence of a disobedient, uncooperative and disrespectful employee who refused all responsibility despite the measures already taken, there was every reason to believe that additional disciplinary measures would have no effect. The impact of the employee’s negative attitude on the work atmosphere was an aggravating factor, especially within a small team of five people, and the dismissal was upheld.

Syndicat des travailleuses (eurs) de la Municipalité de Bury and Municipalité de Bury
2019EXPT-693, 2019 QCTA 70, Me Maureen Flynn