Absent half the time: unacceptable absenteeism

Release date: October 1st, 2021

A maintenance worker contested her dismissal for pattern and excessive absenteeism, which reached a rate of 56.10% during the five years prior to her termination. Her absences were the result of a multitude of diagnoses, both physical and psychological. According to the arbitrator, a five-year absence rate that surpasses half of the scheduled work time exceeds the bounds of acceptability. Since her excessive absenteeism stemmed from multiple factors, it was incumbent on the employee to demonstrate her ability to work normally and regularly in the future. However, the medical evidence does not allow such a conclusion to be reached. Additionally, it could not be concluded that the employee suffered from a disability, since the reasons for her absences were varied. The employer therefore was not required to accommodate her in this matter. Given the employee’s work history, it would be an undue hardship on the employer to be required to reinstate the employee. The grievance was dismissed.

CISSS de Lanaudière  and Syndicat des travailleuses et travailleurs du CISSS de Lanaudière
2021EXPT-779, 2021 QCTA 213, René Beaupré


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