Causing a collision with a co-worker's lift truck is justification for dismissal

Release date: April 1st, 2011

An operator with 20 years’ seniority challenges his dismissal for threatening a co-worker by dangerously driving his lift truck, then for causing a collision with the latter. Under the Criminal Code, the lift truck collision amounts to assault and battery and armed assault. Though this act of aggression was not committed against a superior, it was serious enough for the employer not to follow the principle of graduated sanctions. In addition, the evidence revealed that there was no provocation and that the employee showed no regret. Finally, the employer was under the obligation to provide his employees with a safe working environment that is free of any psychological harassment. Dismissal is therefore upheld. Syndicat des employés Danone (CSD) v. Danone Inc. (G. Vallerand) , DTE 2009T-817 (T.A.) Me Louise Viau


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