A bus driver had to disclose functional limitations that occurred while working for another employer
Release date: May 1st, 2019
A bus driver is contesting her administrative suspension, following her refusal to provide her employer with information about her functional limitations resulting from a work accident that occurred while she was working for another employer. The CNESST determined at that time that working as a bus driver was an appropriate job for her. According to the arbitrator, the fact that the employee holds an appropriate job as a bus driver does not dispense her from declaring the existence of functional limitations to her employer, because the employer is required to take the necessary measures so that the assigned vehicle respects her functional limitations. Finally, the employee could not simply invoke her right to privacy to refuse to give the information to her employer. To comply with its obligations in the Act respecting Occupational Health and Safety, the employer had the right to know whether the employee has certain functional limitations with regard to the work assigned, and the employee has the obligation to protect her physical well-being. The grievance was denied and the employee has to give the information to the employer.
Syndicat des conducteurs et conductrices d’autobus interurbains du Sud-Ouest et Véolia Transdev Québec inc.
2018EXPT-1932, 2018 QCTA 493, Me Denis Provençal
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