Refusal to undergo expertise: dismissal upheld

A customer service representative alleged that she was dismissed without just and sufficient cause for repeatedly refusing to undergo a medical examination. While no longer receiving any disability insurance benefits, the employee explained to her employer that her doctors did not recommend that she return to work. However, she would have convinced them that she was able of initiating a progressive return. To ensure that the employee’s conditions allowed her to return to work, the employer summoned her for an expert examination and requested access to her medical file. Despite several requests and warnings from the employer, the plaintiff systematically refused to comply with the employer’s requirements. Reminding that the principle of gradation of sanctions is to allow an employee to correct his behavior, the Court found that it was clear, given the circumstances, that the employee would not have done so. The dismissal was upheld. 

Matteo et Société en commandite Touram
2022EXPT-1174, 2022 QCTAT 1931(DRT), j.a. Francis Hinse