Need to Know

Disciplinary Measures relating to the use of Computer Equipment : Coca-Cola is forced to reinstate an employee

- Élodie Brunet

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The Commission des relations du travail (the «Commission») recently ruled on the way in which an employer proceeded to impose a disciplinary measure on an employee due to his use of computer equipment belonging to the employer.

On October 11, 2011, the Commission allowed the complaint filed by the employee under section 124 of the Labour Standards Act alleging that his employer had dismissed him without just cause.

In Caron v. Compagnie Rafraîchissements Coca-Cola Canada, the employer had reproached the complainant for having made inappropriate use of computer equipment put at his disposal, having navigated on the Internet for personal purposes during his working hours (theft of time), and having downloaded and stored pornographic images on his computer, the whole in contravention of the policies and code of ethics in force in the business.

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