Accommodation: the employee had no right to demand to have her solution implemented by the employer

Release date: February 9, 2009

An office agent at the Sûreté du Québec headquarters challenges her administrative dismissal. Following an absence of 104 weeks, the employee’s attending physician recommended that she return to work in another department, as her absence from work arose as a result of her interpersonal relationships with her colleagues and supervisors. However, the employee categorically turned down the 3 positions offered to her by the employer in different departments. According to the arbitrator, the employer had met his obligation to accommodate the employee by offering her 3 positions, through 3 distinct representatives. The employee refused to make any concession and sought to have “her” solution implemented, i.e. to be reinstated in the S.Q. headquarters so that she could benefit from carpooling with her husband. The employer was entirely justified in closing her file. Syndicat de la fonction publique du Québec v. Québec (Government of) (Sûreté du Québec) (L. Cannavino) , DTE 2008T-32 (T.A.) Me Diane Sabourin (February, # 13)


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