When accomodation rimes with prayer during working hour

Release date: November 1st, 2012

Warehouse clerks of the Muslim faith challenge the obligation imposed by the new director to do their prayers during their break periods according to their work schedules. In the past, they had permission to be absent, without loss of pay, to do their prayers in a designated location for this purpose. According to the arbitrator, the employees’ request is reasonable. When the time slot for the prayer does not coincide with a break, the employer will have to allow these employees to be absent from their work and to make up the equivalent amount of time spent on their religious practice during the break. As for the employee in charge of the Mosque, he will be allowed to take 15 minutes off his breaks and his lunch hour from Monday to Thursday, and work during the break and lunch hour on Friday in order to be absent from work from 1:00 to 2:00 p.m. for group prayer. According to the arbitrator, such accommodations do not constitute undue hardship for the employer. Novexco Inc. v. Association des travailleurs(euses) de SOPA, SA 10-04057 (T.A.) Me Denis Gagnon.


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