Quebec Court Overturns Ruling Upholding Firing of Public Servant Over Political Role

A Quebec judge overturned an arbitration decision that upheld the firing of a provincial government employee for serving as an opposition party spokesperson. Superior Court Justice Serge Gaudet ruled that the arbitrator made fundamental legal errors in assessing the employee’s freedom of expression. The employee, Stephan Fogaing, was dismissed after refusing to give up his role as a Parti Québécois spokesperson.

• A Quebec judge has overturned an arbitration decision upholding the dismissal of a provincial government employee.
• The employee, Stephan Fogaing, was fired for serving as a spokesperson for an opposition political party.
• Justice Serge Gaudet cited legal errors by the arbitrator in assessing Fogaing’s freedom of expression.
• Fogaing’s role as a Parti Québécois spokesperson was central to the case.
• The judge stated that supporting a political party and being its spokesperson is fundamental to freedom of expression in a liberal democracy.