Four-day week: Undue hardship for the employer

An advisor is contesting her employer’s refusal to allow her to work four days a week. Following a disability, the employee returned to work gradually. At the end of her gradual return, she asked for permission to continue working four days a week, justified by her doctor’s diagnosis of cognitive problems and a susceptibility to fatigue. Because of the employer’s needs, he rejected the request and demanded that full-time work be resumed. The arbitrator first noted that the employer is a small organization and that the position held by the employee is unique because she plays a pivotal role in a specialized field. The employer cannot therefore redistribute her tasks for one day on a permanent basis, even if he did so during her gradual return to work, since the service director had been required to compensate for it. The creation of a position with a four-day schedule would be an undue hardship. The grievance is dismissed.

CUPE, Local 3792 and ASP Construction
2019EXPT-917, 2019 QCTA 155, Me André G. Lavoie