Hiring: Employee had to declare previous job

Release date: September 1st, 2020

A contract administrator contested his dismissal for having failed to declare relevant employment experience during the hiring process. The evidence showed that the employee had purposely avoided any mention of his previous job with the City of Longueuil, which was similar in several ways to the position for which he was applying. According to the arbitrator, the employee was aware that disclosure of his previous employment with the City could have a negative effect, as his employment had ended during his probationary period, and he wanted to present his application in the most favourable light. However, the employer would not have hired the employee if the latter had disclosed his experience with the City, seeing that, given the links between the two organizations, a verification would have been carried out. The employee’s silence had to do with his professional skills, an important consideration for his hiring, and this silence tainted the employer’s decision and the validity of the employment relationship. The grievance was dismissed.  

CUPE, Local 3332 and Réseau de transport de Longueuil

2020EXPT-818, 2020 QCTA 166, Amal Garzouzi

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