The employer’s tolerance was his worst enemy

An operator in charge of supervising the Hydro-Québec network contested his dismissal for having “taken 1.5 hours to respond to an emergency alarm, delaying the work of firefighters” and causing damages estimated at $358,000. The employee cited a breach of trust, underscoring the importance of the position, the employee’s high level of autonomy and the seriousness of the error. The union argued that there had been a lack of vigilance and that the employee’s 18 years of employment constituted a mitigating factor. The arbitrator found this was an isolated incident constituting gross negligence. However, the employer’s position was weakened by the fact that he decided to call on the employee in an emergency situation, despite having already identified him as the person who was likely responsible for the event leading to his dismissal for negligence. The arbitrator substituted a nine-month suspension for the dismissal.

Syndicat des employés de métiers d'Hydro-Québec (SCFP-1500)  and Hydro-Québec
2021EXPT-351, 2021 QCTA 57, Pierre Laplante