Back to work: his medication must not affect his work performance

Release date: February 3, 2014

A mechanic employed by a vehicle maintenance centre challenges his employer’s refusal to have him return to work as long as he has not produced a medical certificate confirming that his medication is not of such a nature as to impair his ability to work. The evidence shows that the employee had made some serious errors such as might endanger clients’ safety. The arbitrator deemed crucial the company physician’s testimony, which pointed to a direct link between the medication taken by the employee and his errors. The physician explained that the side effects of this medication could affect the employee’s vigilance, attention, concentration, vision and/or dexterity. Since the employer has an obligation of result towards his clients, he was justified in ensuring that the employee’s personal condition was stabilized before reinstating him. The arbitrator ordered the employee to provide the employer with a list of his medications.

Teamsters Québec, local 1791 v. Sherbrooke Nissan Infiniti (Beaucage) (D. Gauthier) 2013EXPT-1963, DTE 2013T-719 (T.A.) Mr. Bernard Lefebvre


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