Safety & HCM Post

Hearsay Evidence Not Enough to Prove Just Cause to Terminate

A trucking company employee claimed he was wrongfully fired. The employer told the arbitrator the it fired him for violent behaviour, leaving a loaded truck in an unsafe place and other incidents. But it declined to introduce witnesses to prove the charges, leaving the arbitrator with only hearsay evidence, i.e., the employer’s description of the events, to rely on. And this wasn’t enough to meet the employer’s burden of proving that it had just cause to terminate [Giroux v 2314253 Ontario Inc. (Hilton Transportation), 2018 CanLII 104552 (CA SA), Nov. 1, 2018]

Bongarde Editorial

Bongarde Editorial

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