The City of Sherbrooke intends to appeal a recent judgment of the Superior Court in which the court refused an application concerning an employee dismissed. She consulted confidential information for personal purposes at work.
The City was challenging an arbitration award arising from a grievance objecting to the dismissal of the worker. The grievance was filed by the Union of Municipal and Professional Employees of the City of Sherbrooke.
After analysis of the judgment rendered on June 14, the City of Sherbrooke considered that this decision would have a major impact on all Quebec municipalities, which is why it decided to go to the Court of Appeal, underlines a press release released Thursday afternoon.
Moreover, the Union of Quebec Municipalities (UMQ) decided to support the City of Sherbrooke in its application for judicial review, it adds.
Since last year, following the arbitration award ordering the employee to be reinstated, the City of Sherbrooke has chosen not to reinstate her because of the breakdown of the relationship of trust and to avoid harming the judicial process.
The arbitration award provides, however, that the City is required to pay the regular salary to this employee. The dismissal dates from August 2015.
The City then dismissed the employee with fifteen years of service. The latter had consulted for a long time confidential information for personal purposes.
“The arbitrator Richard Marcheterre had canceled his dismissal to replace him by three months of suspension, says the Union of Municipal Officials of the City of Sherbrooke (SFMP). The City tried for the first time to suspend the decision of the arbitrator while she finished her challenge in the superior court. This was refused. The City has decided to continue its procedures by paying the employee at her home without providing work, “says the union.
“On June 14, 2010, the Honorable Judge Gaétan Dumas denied the City’s challenge. (…), “notes the union in a press release.