Informal actions by employer: Dismissal overturned

Release date: July 2, 2020

A team leader claimed that she had been dismissed without good and sufficient cause. Among other things, the employer criticized her for resisting the implementation of new production methods. The employer admitted that it had not applied progressive discipline. It also acknowledged that it had not provided the employee with any written notices further to her alleged faults and had never suspended her. It had never notified her that she risked dismissal if she failed to correct her behaviour. The tribunal found that although the employer had taken numerous informal actions, these informal actions were not equivalent to formal notices allowing the employee to understand that her job was at stake and correct her behaviour. Even if all of the employer’s criticism proved to be justified, the employee’s conduct did not constitute a serious fault or incorrigible behaviour allowing the employer to ignore progressive discipline. The challenge was accepted and the dismissal was overturned.

Richard and Atelier spécialisé les Moulins

2020EXPT-115, 2019 QCTAT 4690 (DRT), J.A. Sylvain Gagnon

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