He slept at home, but claimed the allowances for sleeping out

Release date: August 1st, 2022

An intervention consultant with 34 years of experience alleges that he was terminated without a just and sufficient cause. The employer suspended and then terminated him after discovering that he was falsifying his expenses reports to obtain meals and sleeping allowances to which he was not entitled. Indeed, after analyzing the employee’s call log, the employer found that he was claiming sleeping allowances when he was sleeping at home. According to the Court, the fact that these actions were repeated and premeditated, not to mention the employee’s great autonomy in the performance of his duties, irremediably broke the bond of trust. The employee’s seniority is an aggravating factor. Considering these elements and the misleading nature of his actions, the Court concluded that the employer was justified not to follow the principle of gradation of sanctions. The complaint was rejected and the dismissal confirmed.

Bonneau c. Hydro-Québec
2022EXPT-657, 2022 QCTAT 525 (DRT), j.a. Jean-François Séguin


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