After a 38-month absence, the employer was allowed to end employment

An administrative agent who was absent following a car accident challenged the termination of her employment. The union alleges, among other things, that the employer failed to meet its obligation to accommodate the employee, who was awaiting a medical expertise by the SAAQ. The employer argued that extending the disability period beyond 38 months of absence constituted undue hardship. In this case, the evidence showed that there was no prospect of returning to work in the foreseeable future, as the employee felt she was not fit to return to work due to her limitations, persistent pain and the stress inherent to the work environment. In these circumstances, the employer did not need to request a medical expertise to proceed with the administrative closure of her file. In addition, it would suffer undue hardship by maintaining the employee's employment relationship, without her providing work for an additional indeterminate period. The grievance is dismissed.

Syndicat canadien de la fonction publique, section locale 3247 et CISSS de la Montérégie-Ouest
2023EXPT-380, 2023 QCTA 3, M^e Yves Saint-André