THE HIRING OF AN EMPLOYEE IS PRIMARILY A WORK CONTRACT, NOT A SALARY INSURANCE CONTRACT

Release date: December 10, 2007

THE HIRING OF AN EMPLOYEE IS PRIMARILY A WORK CONTRACT, NOT A SALARY INSURANCE CONTRACT

A patient attendant contested his dismissal. The employer accused him of making false statements on his pre-employment medical questionnaire with respect to his psychological history, anxiety disorder and prescription drug use. The employee acknowledged having deliberately lied, out of fear that the employer would hold his depression against him. The arbitrator acknowledged that the questions asked were relevant to the duties of a patient attendant, given that psychological problems or prescription drug use could compromise the qualities required for that position. She also acknowledged that, upon hiring an employee, the employer is establishing a work contract, not a salary insurance contract. Since the employer would not have hired the employee had it been aware of his medical history, the grievance was rejected. Syndicat des employés du Centre hospitalier Honoré-Mercier St Hyacinthe (CSN) and Réseau santé Richelieu-Yamaska (Denis Mercier) , DTE 2007T-95 (A.T.) Diane Fortier, Attorney

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