Long delay before dismissal does not justify breach of trust

An estimating manager filed a complaint under section 124 of the Act Respecting Labour Standards. The employer terminated his employment after he discovered that the employee claimed unapproved overtime and made a personal purchase without reimbursing the company. The court first noted that there was a three-month delay, during which the employer was conducting an investigation, between the discovery of the facts and the time the employee was dismissed. This period of time does not support the employer’s claim that the bond of trust was broken, even though the employee continued to work normally. Furthermore, the employee never had the opportunity to present his version of the facts, nor did he hide the fact that he was claiming unapproved overtime or the personal purchase he made. The dismissal is annulled, but reinstatement being impossible, the court reserved its jurisdiction.

Turgeon and Construction Raytech (2014) inc.
2022EXPT-255, 2021 QCTAT 6069 (DRT), j.a. Yves Lemieux