Denying or admitting the same fault can justify the two different sanctions

Release date: March 1st, 2022

A janitor challenged her dismissal for time theft. The plaintiff had an implicit agreement with a colleague who punched in her numerical code when she was late or absent from work. The employee denied having asked her colleague to do so, and never informed the employer of this situation when it was brought to her attention. According to the arbitrator, despite her seniority and clean disciplinary record, the employee did not play fair with the employer. Her colleague, with whom she had the implicit agreement, acknowledged her faults and expressed sincere regrets. By imposing a dismissal on the plaintiff and a suspension on her colleague, the employer did not demonstrate unfair treatment. The employer was justified to take into account the faults committed, the behaviour and the attitude of the plaintiff and her colleague in the choice of sanction. The dismissal is maintained.

Union des employés et employées de service, section locale 800 et GDI Services (Québec) Montréal
2021EXPT-1558, 2021 QCTA 448, Me Denis Nadeau


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