Refusal of temporary assignment: suspension of IRI

A truck driver contests the suspension of his compensation by the CNESST following his refusal, without a valid reason, to carry out his temporary assignment. After a dispute with a colleague, he abandoned his first assignment as a truck driver’s helper. He then refused to be assigned to the position of administrative clerk. He alleges that his physician did not authorize the assignment for the second position, since he only indicated a work period for the truck helper position on the assignment form. According to the Court, both positions were validly authorized even though the physician did not complete the entire form. He confirmed that the duties of both positions were safe, conducive to rehabilitation and that the employee was reasonably able to perform them. He identified the functional limitations to be respected. If the employee disagreed, he had to avail himself of the challenge process specific to temporary assignments, which he did not. The suspension of compensation is justified.

Girard  and DMB distribution alimentaire inc.
2024 QCTAT 546 (SST), j.a. Jean-François Dufour