The obligation to denounce a co-worker can be legitimate

Release date: April 1st, 2011

The union challenges the validity of certain sections of the Disciplinary Code adopted by the employer. It alleges, in particular, that the obligation to denounce any behaviour by an employee that might constitute a disciplinary fault or threaten public safety, and to cooperate with any investigation regarding such behaviour, is unreasonable. According to the arbitrator, this obligation is reasonable, considering the fact that the employees are fire fighters and that the issue not just about protecting the employer’s interests, but about the safety of all stakeholders and citizens. However the arbitrator added that each case will have to be assessed on its own merits. Moreover, she also confirmed that it was not abusive to expect that fire fighters, even when not on duty, behave in a manner that does not tarnish the image of the service or the profession. Association des pompiers et pompières de Gatineau v. City of Gatineau, AZ 50599520 (T.A., 2010-01-12) Me Joëlle L’Heureux

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