COVID-19: suspended for four months for refusing to wash hands

A longshoreman assigned to the handling of goods contested a four-month suspension. While assigned to his employer’s main customer, he failed to wash his hands before the start of his shift, despite the presence of a wash station with mandatory information. He then argued with a superintendent and defended his refusal, resulting in his removal from the job. During the subsequent disciplinary investigation, he maintained the same position. According to the tribunal, the employee did not simply fail to wash his hands but refused to follow a public health directive out of conviction that it was unnecessary. In the midst of a health crisis, the willful refusal to follow a prevention directive, putting his health and that of his colleagues at risk, and placing the employer and its customer at significant and unnecessary risk, is a serious fault. The suspension was upheld.

Canadian Union of Public Employees, local 5159 and QSL Canada Inc.
2021EXPT-1557, 2021 QCTA 419, Dominic Garneau