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The High Cost Of Reinstatement For Québec Employers

On January 20, 2022, the Administrative Labour Tribunal (the “Tribunal”) awarded an employee dismissed without cause, termination pay in the amount of $716,970.71 as well as an indemnity for lost wages, loss of pension rights, moral damages, and reimbursement of expert fees.

The Tribunal's decision reminds us of the sizable award that can be granted to an employee terminated without cause and sets out the factors the Tribunal will take into account when ruling on a complaint by an employee asking for reinstatement.

The reasons were rendered by the Honourable Henrik Ellefsen, administrative judge.
The facts
The employee had worked for Industries Toromont Ltd., a company specialized in the sale, service and repair of machinery and heavy equipment in the Val-d'Or area (the “Employer”), for close to 19 years. On January 8, 2016, the Employer dismissed the employee for falsifying his claims for overtime.

In ruling on the merits, the Tribunal held that the Employer had not met...

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