A disciplinary offence materializes when an employee intentionally engages in misconduct in relation to the performance of their duties. In other words, a disciplinary misconduct may constitute any breach of the employment contract, as well as disregarding the applicable internal policies and guidelines.
We recall that an employment contract, as defined by section 2085 of the Civil Code of Quebec, represents an agreement whereby an individual, referred to as an employee, agrees to work under the direction and authority of another person, referred to as the employer, for a designated duration in exchange for remuneration.
In this context, the employees must exercise prudence and diligence in the execution of their work and act with honesty and loyalty towards the employer.
Should the employer have doubts concerning the behavior of an employee, he may conduct an investigation to obtain all the facts prior to implementing disciplinary measures in response to such behavior. This may be the case notably in situations of theft, theft of time, alcoholism, drug consumption, lateness, unjustified absences, insubordination, harassment, discrimination or violence.
Neutra offers comprehensive investigation services, along with advice on best practices for those opting to conduct their own investigation.
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