The employer has no obligation to grant a temporary assignment

A welder in a personnel placement agency filed a complaint under section 32 of the AIAOD. He alleges that he was not reinstated in a temporary assignment following an employment injury, that his hourly wage was not respected, that the transfer agreement with a client was breached, and that he was unable to benefit from group insurance. According to the decision-maker, the complainant's allegations do not constitute reprisals. Furthermore, the decision-maker has no authority over the requested order, which is the reinstatement in a temporary assignment. Indeed, the temporary assignment is a tool available to the employer, not an obligation under the AIAOD, especially since the employment relationship is still active. Furthermore, the employee fails to demonstrate an agreement regarding his transfer to a client or a right to access a group insurance plan in his employment conditions, which had been established prior to the accidental event. In the absence of a sanction, the complaint is dismissed.

Michaud  and Umanico Industriel inc.
2024EXPT-1823, 2024 QCCNESST 240, Karen Munger, mediator-decision maker