Too late for remorse

Release date: December 1st, 2022

An operator challenges his dismissal for violating a health and safety rule. The safety device in the lockout procedure of the machine he is operating is malfunctioning. As a result, he can access the hazardous area despite it being locked out. The operator has known about this problem for more than a year, but never reports it. One evening when the machine was being locked out, a co-worker noticed that the operator had turned it on while working in the hazardous zone and reported the maneuver to the employer. According to the court, sincere apology can influence the disciplinary measure when it occurs at the first occasion. However, in this case, the operator only showed remorse on the last day of the hearing. He does not understand the seriousness of his actions and no disciplinary measure will allow the correction of the faulty behaviour which justifies not to respect the principle of gradation of sanctions. The grievance is dismissed. 

Unifor, section locale 700 et Matériaux de construction Oldcastle Canada inc. (Permacon)
2022EXPT-1353, 2022 QCTA 219, Me Dominic Garneau


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