School bus drivers with a past history of impaired driving: Superior Court sets the record straight

Release date: June 2, 2020

An arbitrator overturned the dismissal of two employees, on the grounds that the employer had failed to provide evidence of a connection between the employees’ past convictions for impaired driving (outside of work) and their employment as school bus drivers. The employer filed an appeal for judicial review of this decision, claiming that the impaired driving convictions undermined public trust and necessarily meant that there was a connection between the drivers’ criminal records and their employment. The Superior Court found that, without a doubt, the required level of integrity of and trust in a school bus driver is high, as the driver is the intermediary between home and school. Impaired driving implies a certain carelessness regarding the operation of a motor vehicle. As the connection between the infraction and the job of a driver was inferred by the evidence in the file with no need for additional evidence, the Superior Court reinstated the dismissals.

Autobus Yamaska inc. vs. Cléroux
2019 QCCS 5432, Justice Line Samoisette

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