Pascale Nadeau was not pushed into retirement, nor was she the subject of a constructive dismissal. This was concluded by the arbitration tribunal in the case between the former newscaster and Radio-Canada.
Posted at 11:00 a.m.
The public broadcaster and Pascale Nadeau have been engaged in a bitter battle since the former host of the Weekend newscast was suspended in February 2021 following an investigation following receipt of an anonymous complaint for inappropriate behavior. The experienced journalist never returned to the air after this month-long disciplinary measure. She then went on disability leave.
In a decision rendered on January 27 and obtained by The Pressan arbitrator ruled, after reviewing the evidence on file, that Pascale Nadeau had chosen to retire voluntarily.
The evidence included an email from Ms.me Nadeau, dated June 28, 2021, sent to the human resources department of Radio-Canada, in which the antenna manager indicated that she wanted to retire a few weeks later.
An electronic correspondence with Ginette Viens, first director of the information network, was also produced. Pascale Nadeau underlined that, despite the fact that she did not plan to abandon her position this year, and especially in such a way, after 38 years of career, this decision belonged to her. She also spoke of a “senseless investigation” and an attack on her “integrity”.
In an email sent to Ginette Viens on July 8, 2021, the antenna manager indicated that she believed she had been constructively dismissed, but no grievance was filed within 30 days of this allegation. , as provided for in the collective agreement.
We also understand, through an email from Luce Julien, director general of information, sent to Pascale Nadeau on July 9, that after her suspension, the management of the network expected her to resume its functions.
In his decision, the arbitrator declares that a dismissal, even disguised, remains “the act of the employer”.
” [Le congédiement déguisé] cannot result from the voluntary actions of the employee, one can read. Nor can it be caused by the otherwise legitimate decisions of the employer, such as to proceed with an investigation which is imposed on it by the Act and its internal policies. »
Thus, the request to amend the grievance of August 25, 2021 from the Syndicat des Travailleurs de Radio-Canada (CSN) was rejected.
Far from over
At Radio-Canada, the decision of the arbitration tribunal is described as “important”.
“For us, the decision is clear and speaks for itself: it is not a constructive dismissal, indicates the spokesperson for the public broadcaster, Marc Pichette. The referee has just confirmed that it was a voluntary decision by Pascale Nadeau. »
In an email sent to The Pressthe president of the Union of Radio-Canada workers (CSN), Pierre Tousignant, simply indicated that the arbitration decision was limited to the refusal of a request for amendment to broaden the scope of a grievance.
“However, the hearings are continuing, since the arbitrator has not yet ruled on the very nature of our challenge, namely that the disciplinary measure imposed on Mme Nadeau was not justified, ”noted Mr. Tousignant in an email.
This file is indeed far from settled. Hearings will continue on March 25. It will be about the investigation of which Pascale Nadeau was the subject. His suspension will also be under consideration.