Local 56 v. Les Grands Ballets canadiens de Montreal [2010] (Arbitrator Laplante; grievance arbitration)

Local 56 member Marcel Duquette grieved his termination for alleged psychological harassment of the Ballet’s technical director.  Member Duquette was terminated as Head Carpenter for the Ballet after an investigator’s report concluded that his actions in the workplace had constituted psychological harassment against the technical director.  The arbitrator dismissed the investigator’s report, accepted member Duquette’s grievance and reinstated him in his position with compensation for any lost wages and benefits.  While some of Duquette’s acts could be said to constitute insubordination and psychological harassment, it was incumbent on the technical director take action and implement corrective disciplinary measures. Given the lack of any preceding discipline, the termination could not be said to be reasonable or proportionate having regard to the principle of progressive discipline.  In the circumstances, the arbitrator substituted a written warning for the termination.  

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