IT IS UP TO THE EMPLOYEE TO INFORM HER EMPLOYER REGARDING THE EVOLUTION OF HER STATE OF HEALTH

A hairdresser lodged complaints under articles 122 and 124 L.S.A., alleging that she was dismissed because she was absent from work. The latter had failed to contact her employer when her latest medical certificate expired. According to the C.R.T., the employee showed an obvious “who cares” attitude when she neglected to inform her employer regarding her state of health. She let her employer down for 18 days, in a small business with only 3 employees, including her. The principle of gradual sanctioning consequently was not applicable here, and the employee was responsible for her own misfortune. Even though article 79.1 L.S.A. does not require an employee to produce a medical certificate to justify an absence, he or she is still required to notify and inform the employer regarding the evolution of his or her state of health. The complaints were therefore rejected. Marie Dos Santos v. Salon de coiffure Hauterive Inc., 2007 QCCRT 0308, June 21, 2007, (C.R.T.) M. Pierre Bernier