No pay for employee waiting on COVID test results

The union asked that an employee be paid while she was isolating at home and waiting for the results of a COVID test. The union argued that the situation was unfair since public sector ambulance technicians receive their pay in such cases. According to the union, the employee should have been paid since the employer required her to undergo a screening test. The employer argued that the dispute fell under the general contractual rules and the OHSA. The arbitrator began by pointing out that the employer had a duty to protect its employees, and home isolation was the correct action to take. Since the employee was not available to perform her work during this period, the employer had no obligation to pay her until she returned to work, since the right to remuneration is acquired in exchange for the performance of work. The grievance was dismissed.

Association des travailleurs du préhospitalier and Coopérative des techniciens ambulanciers du Québec
2021EXPT-1129, 2021 QCTA 303, Jean Ménard