Dismissals for incompetence: Are we moving backward or forward?

December 10, 2017 0 COMMENTS

by Rhéaume Perreault and Michael Adams

It appears that employers in Quebec who wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so. Indeed, the Superior Court of Quebec, in Commission scolaire Kativik v. Ménard, 2017 QCCS 4686, recently confirmed an arbitration decision in which an additional criterion was added to those established in 2005 by the Court of Appeal in Costco Wholesale Canada Ltd. v. Laplante, 2005 QCCA 788, and applied since by tribunals in Quebec.

According to the Superior Court, employers must now also verify if another more suitable position is available for the employee before proceeding with termination.

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