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ARTICLE · 19 OCTOBER 2012

Disciplining An Employee Who Makes A False Claim To The CSST: What Is Appropriate?

Norton Rose Fulbright Canada LLP
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On July 23, 2012, in Syndicat des paramedics et du préhospitalier de la Montérégie – CSN c. Coopérative des techniciens ambulanciers de la Montérégie (CETAM), the Quebec Court of Appeal upheld the firing of an employee who had made a false claim to the Commission de la santé et de la sécurité du travail (CSST), ruling that filing a false claim with the CSST which caused financial and operational prejudice to the employer and resulted in a breach of the relationship of trust was a ground for dism

CanadaEmployment and HR
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
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On July 23, 2012, in Syndicat des paramedics et du préhospitalier de la Montérégie – CSN c. Coopérative des techniciens ambulanciers de la Montérégie (CETAM),1 the Quebec Court of Appeal upheld the firing of an employee who had made a false claim to the Commission de la santé et de la sécurité du travail (CSST), ruling that filing a false claim with the CSST which caused financial and operational prejudice to the employer and resulted in a breach of the relationship of trust was a ground for dismissal.

The Facts

Mr. Johnny Garand worked as a paramedic for the Coopérative des techniciens ambulanciers de la Montérégie. In 2007, he filed a first claim for elbow tendonitis which the CSST recognized as an employment injury. Subsequently he filed a claim for a recurrence, relapse or aggravation of the injury to his right elbow, which was denied. The Commission des lésions professionnelles (CLP) upheld the CSST's decision, questioning the credibility, honesty

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