While waiting for a medical assessment, she was not entitled to remuneration
Release date: July 1st, 2015
A beneficiary attendant challenged her employer’s refusal to pay her for the 12 weeks elapsed between the date when her physician recommended a progressive return to work and the date when the employer authorized such return. Since her return to work coincided with the expiry of salary insurance payments, the employer opted to have the employee undergo a medical assessment, which delayed her return. The arbitrator pointed out that the employer was under no obligation to pay the employee. The basic rule whereby wages must be paid in exchange for work performed is not voided simply as a result of an application for accommodation. The employer had the right and the duty to ascertain the employee’s ability to work before reinstating her. Also, part of the delay was due to the physician’s limited availability, for which the employer was not accountable. Finally, the employee suffered no damage, since the terms of her return, agreed upon by both parties, compensated any losses the employee claimed to have suffered. The grievance was rejected.
SQEES, Local 298 (SQEES-FTQ) v. Résidence Angelica 2014 QCTA 1049, DTE 2015T-47 (T.A.) Francine Lamy Esq.
From bulletin Gestion Plus
To suscribe, click here!
Back to the list
To the exclusive service of employers, Le Corre offers training workshops and publications on subjects solely pertaining to labour law. Both these tools help managers and human resources professionals to deal more effectively with the daily legal framework of their businesses.