BY KEITH LACEY
Despite more than 28 years of outstanding service, a veteran Inco employee broke the ?cardinal rule? of stealing merchandise from his employer.
Inco has been cleared of any wrongdoing in a civil lawsuit alleging wrongful dismissal seven years ago.
Marcel Courchesne, 57, filed a civil action against Inco stating he was fired without just cause on Dec. 9, 1998. He was seeking substantial damages as
he had years of service with an outstanding work record. He was only months away from early retirement.
Justice Patricia Hennessy of the Ontario Superior Court of Justice ruled Inco was justified in terminating Courchesne?s employment and dismissed his complaint.
Courchesne?s lawyer Tom Orendorff and Inco lawyer Barry Brooks are expected to meet this week with Hennessy to discuss court costs. It?s
expected Inco will ask Courchesne be responsible for most of the court costs relating to this case over the past seven years.
Orendorff would not discuss the decision, except to say his client ?is very disappointed.?
Courchesne testified he took home 400 square feet of ceramic tiles and decided to store them at his home until they were needed for renovations to a lunchroom at work.
Courchesne was also found to be in possession of a pump investigators found at his camp.
Courchesne admitted to bypassing a signing policy which allows workers to take home property Inco management deems useless on the job.
Any expenditure over $100 had to be approved by Courchesne?s supervisor.
Hennessy noted Courchesne had ?at least three different explanations? about the missing tiles and never provided an adequate explanation for not using the passout system to use the pump at his camp.
Orendorff also argued Courchesne was not trying to steal the tiles as he signed documentation that could easily be traced by management.
Hennessy ruled that argument was without merit as Courchesne?s boss approved hundreds of authorizations each week and the system could only work on a trust basis.
Courchesne?s explanation of why brought the tiles home and stored them and eventually brought them back to the warehouse ?made no rational
sense,? said Hennessy.
