Toxic work environment: shop steward does not have absolute immunity

Release date: July 6, 2021

A blue-collar mechanic and shop steward contested his dismissal. The evidence revealed that he watched and excessively controlled his colleagues, as well as intimidated and ridiculed those who refused to do what he said. He repeatedly made disparaging remarks, calling his colleagues “gros criss” [“asshole”], “brown noser,” or “secretary.” According to the tribunal, although the employee had relative immunity as a shop steward, it did not apply given that the accusations did not involve his interactions with his superiors, but with his work colleagues. Furthermore, this immunity is not absolute and does not apply when a shop steward commits an illegal act or instigates psychological harassment. Given that the employee’s behaviour led to a toxic work environment, the dismissal was justified.

Syndicat des cols bleus regroupés de Montréal – local 301 and Ville de Montréal
2021EXPT-33, 2020 QCTA 533, Marcel Morin


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