{"id":4788,"date":"2022-11-23T12:29:01","date_gmt":"2022-11-23T17:29:01","guid":{"rendered":"https:\/\/www.verreaudufresneavocats.com\/?p=4788"},"modified":"2022-11-24T15:42:24","modified_gmt":"2022-11-24T20:42:24","slug":"serious-fault-and-dismissal-the-labor-law-in-quebec","status":"publish","type":"post","link":"https:\/\/www.verreaudufresneavocats.com\/en\/publications\/labor-law\/serious-fault-and-dismissal-the-labor-law-in-quebec\/","title":{"rendered":"Serious fault and dismissal : the labor law in Quebec"},"content":{"rendered":"\n

Serious fault allows an employer to dismiss an employee without notice. Our labor law attorneys<\/strong><\/a> in Quebec City <\/strong>and L\u00e9vis <\/strong>will define the concept and explain the situations in which an employer may consider that an employee\u2019s conduct characterized by serious fault.<\/p>\n\n\n\n

Serious fault: the principle<\/strong><\/h2>\n\n\n\n

The Quebec Labor Act (Loi sur les normes du travail<\/em>) provides that an employer is required give an employee a notice of termination before dismissing them, if the employee has worked within the company, without interruption, for at least three consecutive months.<\/p>\n\n\n\n

However, according to Article 82.1(3) of the abovementioned Act, an employer may dismiss an employee without notice if their conduct is characterized by serious fault<\/strong>.<\/p>\n\n\n\n

Serious fault: definition<\/strong><\/h2>\n\n\n\n

Case-law defines serious fault justifying a dismissal without notice as a serious breach that makes it essential<\/strong> to immediately terminate the employment relationship.<\/p>\n\n\n\n

Serious fault represents a serious breach that cannot be justified<\/strong> and results in the bond of trust between the employer and the employee being severed.<\/p>\n\n\n\n

A single or reiterated behavior<\/strong><\/h3>\n\n\n\n

Serious fault generally refers to a single breach<\/strong> characterized by significant severity. However, according to case-law, it can also be the case of a prima facie<\/em> non-serious breach, which becomes serious as the conduct is intentional<\/strong> or reiterated <\/strong>over time.<\/p>\n\n\n\n

In other words, serious fault may be an isolated event of such severity that it warrants dismissal without notice, or it may be a conduct characterized by severity because of its reiterated nature and which, despite warnings received and sanctions imposed, does not cease.<\/p>\n\n\n\n

In the latter case, in the absence of sanctions, reiterated actions would generally not be considered as serious fault.<\/p>\n\n\n\n

A subjective rather than objective analysis<\/strong><\/h3>\n\n\n\n

The seriousness of the employee\u2019s fault is assessed from a subjective<\/strong> standpoint on a case-by-case basis, and not from an objective standpoint.<\/p>\n\n\n\n

Several factors must be considered in the subjective analysis concerning the seriousness of the fault: the employee\u2019s intent underlying the fault, the likely consequences of the breach, the employee\u2019s disciplinary record, etc.<\/p>\n\n\n\n

Serious fault: examples<\/strong><\/h2>\n\n\n\n

As the provision envisages a subjective assessment concerning the context and the seriousness of the fault, let us look at some examples of breaches that allow the employer to dismiss an employee without notice.  <\/p>\n\n\n\n

Case-law generally consider the following breaches as serious fault under Article 82.1(3) of the Quebec Labor Act (Loi sur les normes du travail<\/em>):<\/p>\n\n\n\n