The refusal to wear a mask justified his suspension

An industrial mechanic challenges his one-day suspension for insubordination. The evidence revealed that a supervisor asked him to wear a mask and comply with the employer’s sanitary guideline. The employee repeatedly refused and questioned the supervisor’s authority by requiring, among other things, that the request come from a manager. According to the court, the employee clearly showed his intention not to comply with an order given by the supervisor who was the person in authority. Furthermore, the sanitary guideline of the employer was not unreasonable in the circumstances. Even though the incident lasted only 15 minutes and that the employee’s disciplinary record was clean, the deliberate refusal to comply with a legitimate order and the failure to follow the sanitary guidelines constitutes a serious offence that allows the principle of gradation of sanctions to be overridden, according to the terms of the collective agreement. The grievance is dismissed.

Syndicat international des travailleurs et travailleuses de la boulangerie, confiserie, tabac et meunerie, section locale 235T and JTI-Macdonald Corp.
2022EXPT-2400, 2022 QCTA 459, M^e Guy Roy