False statements at time of hiring: the dismissal of a stock handler who had concealed his conviction for credit card fraud is upheld

Release date: July 1st, 2008

A stock handler since 2002, the plaintiff challenges his employer’s decision to terminate his employment in 2007, upon discovering that he had stated on his hiring form that he had no criminal record. Despite a request to this effect, the employee subsequently failed to provide his employer with an R.C.M.P. fingerprint certificate. Only five years later did the employer uncover this fact in the course of a disciplinary investigation involving the plaintiff. According to the arbitrator, the employment relationship would have been severed if the employer had known immediately that the plaintiff had been convicted for credit card fraud, as company policy includes not hiring any individual convicted of offences related to honesty. The plaintiff held for several years a job which he would not normally have obtained. Dismissal was justified. Teamsters Quebec, Local 931 v. Purolator Courier Ltd. (J. Arlande), DTE 2007T-680 (T.A.) M. Serge Lalande


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