The employer could not require a medical certificate to justify an ailment

An operator is contesting the written notice given to her by the employer. The evidence revealed that the employee had made herself available to work a 16-hour shift in overtime. However, with only 4 hours remaining, she asked to leave work due to menstrual pain. She was allowed to leave work, as long as she provided a medical certificate to justify her absence. According to the arbitrator, insisting on a medical certificate in these circumstances was unjustifiable, particularly considering that such discomfort can be genuinely painful and momentary. Furthermore, this requirement violated the employee's privacy. Even though she did not comply with the employer's request, common sense should have prevailed. The employer's request was unreasonable and abusive. No disciplinary action should have been imposed on the employee. The notice is canceled.

Syndicat des travailleuses et travailleurs de la Brasserie Labatt (CSN)  et Brasserie Labatt
2024EXPT-2225, 2024 QCTA 514, M^e Nathalie Faucher