Employee fired for expressing political views at work wins reinstatement and damages

by Louise Béchamp

With a Canadian federal election recently behind us, it is safe to say that politics has been a hot topic of discussion in some Canadian workplaces. A Quebec employer was recently reminded, at significant cost, that employees are entitled to express their political opinions at work and may not be fired for doing so.

Facts

During various discussions at work around the time of the 2012 provincial election in Quebec, an employee strongly expressed his political views to his colleagues. His views were not shared by a number of those colleagues and were considered offensive by some. The next day, the employee was called into a meeting at which he was told that the company did not need “politicians” in the workplace. He was then fired. On the employee’s record of employment, the employer indicated he had been fired for “intimidation.”

The employee brought a complaint alleging unjust dismissal under the Labour Standards Act of Quebec. At the hearing, the employer admitted the employee’s dismissal was without just and sufficient cause. The Commission des relations du travail therefore ordered that the employee be reinstated. The outstanding issues between the parties included the amount and type of damages to which the employee was entitled.

Damages

After considering the submissions of the parties, the commissioner awarded the employee an indemnity for lost wages for the period of time between his dismissal and the date of reinstatement as well as moral damages and punitive damages.

With regard to moral damages, the commissioner found that the employer had acted abusively by being untruthful about the reason for dismissal on the employee’s record of employment. As a result, the employer was ordered to pay $10,000 in moral damages.

With regard to punitive damages, the commissioner concluded that the employer had acted in a highly reprehensible manner. In addition, the commissioner noted that the employer had refused to acknowledge its wrongdoing until after the employee had incurred the costs and expenses of litigation. Given these factors, as well as the large size and financial capacity of the employer, the commissioner awarded the employee $25,000 in punitive damages.

In total, the employer was ordered to pay over $90,000 to the employee.

Lessons for employers

Although the result in this case was driven by a highly specific set of facts, it is important to note that political belief or activity is a protected ground of discrimination under human rights legislation in many—although not all—jurisdictions in Canada.

Where it is a protected ground, employers should carefully consider what actions, if any, can be taken when employees get involved in political discussions at work. To the extent such discussions do not become disruptive or interfere with productivity, employees are entitled to express their views and convictions even when they are not shared by all.

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  Louise Bechamp
  Louise Béchamp's practice focuses mainly on employment and labour law and she has significant experience in federal law matters. The clients under federal jurisdiction that she frequently represents come from many sectors, including the railway industry, the telecommunications' and the banking sectors. Furthermore, she regularly acts on behalf of manufacturing and service enterprises, counselling on all aspects of employee relations, be it employment contracts, employment standards, policy development, severance pay or implementing collective agreements. Her practice brings her to appear regularly before higher courts as well as administrative tribunals, such as the Canada Industrial Relations Board and adjudicators. She also counsels clients on human rights and matters of pay equity. She regularly gives training courses concerning harassment in the workplace and she accepts to act as examiner following harassment complaints filed against employers.