Respecting parole terms: the employer had no duty to accommodate

Release date: June 1st, 2017

An agent in a collections department challenged his dismissal. He had been charged with assault on his ex-wife, and one of his parole terms was not to be in the presence of his ex-wife or to communicate with her. However, she also worked at the same employer’s collections department, the latter having only one centre in Montreal. According to the employer, based on his legal obligations, he could not have assigned the employee to his job, considering the nature of the charges against the latter and the terms of his release on parole. In addition, though he did not have a duty to reassign the employee in another position, the employer examined different scenarios. However, no matter where the employee would work in the company, his computer access to the company’s entire clientele’s database would allow him to “communicate in some way” with his ex-wife, which he is prohibited from doing. There was, therefore, no cause to review this administrative measure taken in good faith.

Syndicat des employés de Vidéotron ltée, section locale 2815 v. Vidéotron ltée, DTE 2016T-723, 2016 QCTA 553, Denis Nadeau Esq.

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