AN AILING MOTHER: A VISIT TO A SICK RELATIVE DOES NOT JUSTIFY AN EMPLOYEE’S ABSENCE FROM WORK

The plaintiff filed complaints pursuant to L.S.A. sections 122 and 124, alleging that she was dismissed because she missed work to visit her gravely ill mother. In January 2004, the employee learned that her mother, who was living in Greece, had cancer. She advised her employer that she might have to leave at any moment. In September 2005, she left for Greece, despite her employer’s refusal to grant her vacation time during this period. According to the C.R.T., the evidence showed that the employee missed work in order to visit her ailing mother; however, this is not stipulated by law. Due to a lack of evidence showing that the employee’s presence “was required” at her mother’s side, the complaint was rejected. The complaint regarding the employee’s dismissal without just and sufficient cause was also rejected, since the evidence showed that the employee had resigned from her position. Mourelatos and Garderie éducative Le Futur de l’enfant inc. , DTE 2007T-220 (C.R.T.) Pierre Cloutier