The pandemic justified maintaining vacation quotas during Holidays

A technologist contested her employer’s refusal to grant her vacation request for the week of December 20, which would have exceeded the number of allowed absences, since two colleagues with more seniority had already been granted the vacation time. The union contends that more than two technologists had been absent during the 2018 and 2019 holiday period without consequence. According to the tribunal, given the current pandemic context, it was reasonable for management to anticipate greater demand this year, as well as a higher risk of staff absence due to illness. By refusing the employee’s request, the employer was merely exercising its managerial rights. The employer did not need to demonstrate that it was unable to meet the employee’s request or that it made the best decision under the circumstances. The decision was reasonable and the grievance was dismissed.

Centre hospitalier de l’Université de Montréal and APTS
2021EXPT-105, 2020 QCTA 584, Serge Brault