Absent from the hearing, the employeur could not rebut the presumption

An employee filed a complaint for prohibited practice alleging that he was dismissed because he was absent due to illness. According to the Court, the concomitance between the dismissal and the exercise of the employee's rights is such that the presumption must apply. Indeed, the employee experienced discomfort after receiving a vaccine, resulting in a two-day absence from work. A few days later, the employee was absent due to a leg injury and was dismissed on the same day. Dismissal is therefore presumed to have been imposed on the employee because of his absences due to illness. Because of its absence at the hearing, the employer was unable to present evidence and arguments to demonstrate that the termination of employment resulted from another good and sufficient cause, which is unrelated to the right exercised by the employee. The Court therefore upheld the complaint.

Beauregard-Séguin c. Couche-Tard inc.
2023EXPT-584, 2023 QCTAT 941 (DRT), j.a. Sylvain Gagnon