Volontarily distancing from work: she had to respect her schedule despite the distance

An automotive finance specialist claims she was constructively dismissed following a lengthy absence due to illness. She blames the employer for not accommodating her. In fact, she asked him not to do the company's openings because she would always arrive late, having moved more than 75 minutes away by car from the workplace. The employer refused this request. He denied having dismissed the employee and maintained that she had abandoned her job. The evidence showed that there had been no change in the essential conditions of the employment contract. The employer simply asked the employee to work under the same conditions as before her absence due to illness. Since she had no functional limitations, the employer did not have to accommodate her. By refusing to respect her work schedule, the employee demonstrated that she had no intention of returning to the employer. The complaint is dismissed.

Aumont-Pigeon c. Spécialistes du financement du Québec inc.
2023EXPT-488, 2023 QCTAT 434 (DRT), j.a. Guy Blanchet