Sending unsolicited text messages to a client: dismissal upheld

A driver-deliveryman is contesting the dismissal imposed on him because of confidential information obtained in the course of his work for personal purposes. In fact, a few days after completing a delivery to a client, the employee send her text messages, including an emoji of a "kissing face". The client complaint to the employer, feeling harassed and fearing for her safety, as the employee had her contact information. The employee provided unlikely explanations to justify sending the text messages. The arbitrator ruled that the fault committed was serious, the employee obtained the client’s cellphone number from the client’s file and then contacted her. According to the arbitrator this act is as serious as disclosing confidential information to a third party. The denial of the facts, the absence of remorse and the autonomy the employee had are aggravating factors. The dismissal is upheld.

TUAC, section locale 500  and Sobeys Capital inc.
2025EXPT-1037, 2025 QCTA 153, M^e Natacha Lecompte