Defrauding the insurer constitutes a serious breach of trust

A clerk is contesting her dismissal, the employer is accusing her of having defrauded the insurer who offers the group insurance. She claimed over $6 400 for services that were not provided. Following a first investigation conducted by the insurer, no sanctions were imposed by the employer. However, a second investigation conducted over a period of seven years, led to an unpaid suspension and to the employee’s dismissal. The employer justified his decision by the severity and repetition of the actions. According to the union, the collective agreement was not honored, and the sanction is excessive. The arbitrator concluded that the investigations were targeting separate misconducts and that the employer could solely rely on the facts revealed by the second one. The unpaid suspension was justified because an act of fraud toward the insurer equals to a fraud toward the employer. Due to the intentional, planned and extended nature of the misconducts, the gradation of sanctions was not necessary as it is a serious breach of trust. The dismissal is upheld.

Syndicat des travailleurs et travailleuses des postes  et Société canadienne des postes
2025EXPT-1420, 2025 QCTA 250, M^e Francine Lamy