Accident occurred during union leave: who is the employer?

Release date: November 4, 2014

The union challenged a decision by the CSST’s administrative review accepting a claim for a fractured ankle sustained by the president of one of its units, considering the union as the “employer” at the time of the accident. The unit president injured herself while walking to a hearing at the CLP, in the company of a colleague. According to the CLP, the union was the actual employer. Indeed, when the accident occurred, the employee was on union leave, as requested by the union and granted by the employer. She was in no way accountable to the employer and was paid by the union. The activity she was involved in at the time of the accident was certainly not for the benefit of her employer, since the latter was the opponent at the hearing she was heading for. Since the union was the actual employer, it must bear the costs related to the work injury.

S.C.E.P.- Local 145 v. Cécile Blais and Fruit of The Loom Canada Inc. 2014 QCCLP 1193 (C.L.P.) Me Valérie Lizotte

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