Back from sick leave: the employer was justified in not granting a performance-related pay raise

Release date: September 3, 2013

Having been reinstated at the same salary level following a two-year sick leave, an executive is suing his employer for damages. He alleges that the employer’s compensation policy amounts to discrimination on the basis of disability. According to the employer, there was no salary increase because there was no performance assessment concerning the employee. The judge notes first of all, that the employer’s policy does not call for automatic salary increases for all employees. On the contrary, it stipulates that a salary increase depends on the employee’s performance assessment. According to the judge, an employer could hardly be held accountable for not conducting a performance assessment on an employee who is absent. She added that section 19 of the Charter, stating that there is no discrimination if a difference in salary is based on merit rating, was applicable in this case. The employee’s claim for damages is rejected.

Bessette v. Société de transport de Montréal 2013EXPT-1242, DTE 2013T-447 (C.Q.) Justice Brigitte Charron


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