Over several years, as a result of numerous complaints, a company is forced to transfer an employee into various different departments. The employee is unable either to fit in or to reach the objectives set by line managers. In addition, the employee damages the day-to-day operations of the various teams. After having used up every avenue for mediation and arbitration, this major publishing group retains us to provide assistance in resolving this tricky situation. A termination procedure is inevitable.

Issues

Because of this visibly marginalized employee's penchant for quibbling about regulations, our client - in spite of the conciliatory attitude that it has so far demonstrated - is in danger of being convicted of unfair dismissal, anti-union discrimination, and psychological harassment.

Solution

After a detailed study of the situation, our office ensures the legal dependability of the dismissal procedure, the only way out of this impasse. To provide support for the grounds of this dismissal, we request an inquiry by the CHCST (Committee on Health, Safety, and Working Conditions), to provide a record of the employee's behavior.

Results

The CHSCT's report highlights the inability of the employee to work as a member of a team, combined with occupational inadequacies.
Our client's situation is at last cleared up. We are confident that this dismissal can be justified before the Labor Court which, for lack of proof from the opposing party, cannot accept accusations of anti-union discrimination or psychological harassment.