Family obligations: a "serious" illness need not be potentially fatal

An orderly lodged a complaint alleging that she was dismissed because of her absences for family reasons. During her probation period, she was absent in order to remain close to her child who was hospitalised at that time. Following her return to work, the employer terminated the employee’s probation period due to her unsatisfactory performance. The Commissioner ruled that the employee had exercised a right protected under the law, which states that an employee may be absent when his or her presence is required near his or her child due to serious illness. The illness of the employee’s child was indeed a “serious illness”, since it required hospitalisation for 2 weeks. A “serious” illness is less than a “potentially fatal illness”. The complaint was nevertheless rejected, as the employer proved that the plaintiff’s professional misconduct justified termination. Payen v. Centre d’hébergement de la Villa-les-Tilleuls Inc. , DTE 2008T-456 (C.R.T.) Mme Irène Zaïkoff (August, # 4)