The Labour Standards Act does not allow an employee to take a day off to help his parents move

A deliverer filed a complaint (section 122 LSA), alleging that he was dismissed because of his absences due to illness, or to care for his parents or child. The tribunal first found that the employee could not benefit from the protection of the law with respect to sick leave because he did not have the three months of continuous service required by the LSA at the time of his dismissal. The tribunal then found that taking time off work to help his parents move or to bring them back to Montreal because of a car problem were not grounds protected by law. As for the absence to care for his child, the tribunal accepted the supervisor’s testimony that the employee had not informed him of his absence or the reason for it. The employee’s attendance problem at the beginning of his employment is the real and serious cause for termination of employment and does not hide a pretext. The complaint is dismissed.

Perron et Emballages L. Boucher inc.

2019EXPT-1259, 2019 QCTAT 2163 (DRT), Maryse Morin, j.a.

Translator’s Note: QCTAT = Quebec Administrative Labour Tribunal; DRT = Labour Relations Division