Executive Summary: Key Legal and Evidentiary Issues

• The plaintiff alleged wrongful dismissal following a probationary extension and disciplinary process.

• Employer cited misconduct, insubordination, and failure to improve performance despite coaching efforts.

• The court assessed whether dismissal met the threshold for "serious reason" under article 2094 C.c.Q.

• Employer's internal investigation and detailed witness testimony supported the justification for dismissal.

• Plaintiff received one week's pay and vacation, though no notice was legally required if dismissal was justified.

• The court found no bad faith by the employer and ruled the dismissal lawful, rejecting the claim in full.

Facts and outcome of the case

Nancy Légaré was hired by the YMCA du Québec Pointe-Saint-Charles as a youth worker on July 15, 2022, with employment starting July 20, 2022. Her position was governed by a contract of indeterminate duration that included a three-month probationary period. During this time, several managers raised concerns about her performance and interpersonal conduct. These included issues with administrative duties, inappropriate interactions with colleagues, and difficulties using internal systems.

Due to these concerns, her probationary period was extended until January 20, 2023. Ms. Légaré accepted and signed this extension. After the end of this period, on March 7, 2023, the employer received a formal complaint regarding her workplace conduct. An internal investigation was launched, involving interviews with staff and Ms. Légaré herself. The complaint outlined several issues, including that she placed an object in a shared workspace to ward off a colleague’s "negative energy," made unsolicited physical contact with colleagues, and used inappropriate gendered language toward a non-binary colleague, despite being asked to stop.

On March 23, 2023, following the investigation, the employer decided to terminate her employment, citing breach of workplace ethics and a negative impact on the work environment. Ms. Légaré sued for $15,000 in the Small Claims Division, alleging wrongful dismissal.

The court reviewed the applicable provisions of the Civil Code of Québec, notably articles 2091 (notice requirements) and 2094 (termination for serious cause). The judge found that the YMCA had acted within its rights. The employer demonstrated, on a balance of probabilities, that Ms. Légaré's actions and lack of improvement despite support justified termination. Although the employer provided one week of pay and vacation as a courtesy, it was not legally obligated to do so given the seriousness of the issues.

Moreover, the court found no evidence of bad faith. The YMCA had tried to help Ms. Légaré succeed and only moved to terminate after repeated incidents and an unsuccessful probationary extension. Claims about missing personal belongings were dismissed due to lack of supporting evidence.

The court concluded that the employer met the legal standard for dismissal with cause and rejected the plaintiff’s claim entirely, without costs.