Lack of Administrative Suspension: A Mitigating Factor

A bus driver was dismissed following two complaints from users: one for dropping off a passenger in a wheelchair on the wrong side of the street, and the other for excessive speeding. Regarding the first complaint, the arbitrator upheld the employee's version that he had acted at the user's request. On the other hand, the second complaint proved to be well-founded. The evidence showed that the employee had committed 31 speeding offences during his journey. As a driver of a paratransit service, he was required to respect speed limits, which were essential for the safety of the users he transported. However, the fact that the employer let the employee work during the investigation mitigated his fault. In the arbitrator's view, it became difficult to argue that behaviour was serious enough to lead to dismissal when no administrative suspension was imposed. A five-day suspension was then imposed in lieu of dismissal.

Association des chauffeurs de Les Promenades de l’Estrie  and Promenades de l'Estrie
2025EXPT-684, 2025 QCTA 64, M^e Marc Mancini