The employer's tolerance prevents breaking the bond of trust

A driver-operator challenges his dismissal. After discovering that he was using the university's vehicle for personal purposes, by stopping at his home, the employer conducted an investigation. In particular, he noted that the complainant frequently used the vehicle to drive to his home, and that he extended his breaks. Confronted with these findings, the complainant tried to justify himself by providing some implausible explanations. Although the arbitrator considered that the employer had proved the alleged breaches, qualified as serious, she ruled that the employer could not dismiss the employee. Indeed, seven months passed between the employer's discovery of the breaches and the dismissal, even though there was no justification for such a lengthy investigation in the absence of any particular complexities. The employer could not therefore allege a breach of the bond of trust. The arbitrator partially upheld the grievance and substituted to the dismissal a nine-month suspension.

Syndicat des employés d’entretien de l’Université de Montréal, section locale 1186  and Université de Montréal
2023EXPT-1388, 2023 QCTA 262, M^e Joëlle L’Heureux