Industrial Accident: Employer Not Obliged to Offer Light Work

A teacher filed a complaint under section 32 of the ARIAOD, alleging that she had been subjected to non-reinstatement and discriminatory measures following an employment injury, the employer having refused to assign her to the light work prescribed by her physician. The CNESST reiterated that the notions of gradual return to work or light work are non-existent in the ARIAOD, and that no provision obliges the employer to accept these forms of return to work. These are similar to temporary assignment, which is governed by section 179 of the ARIAOD. However, the employer is under no obligation to temporarily assign work under this provision. In this case, the employer offered the employee light work 2 days/week “in surplus” from the start of her inability to work. However, a few months later, the employer was no longer able to provide her with light work 5 days/week “in surplus”. The employer thus exercised its right to manage. In the absence of a sanction, the complaint is inadmissible.

Abbas  and École Peter Hall inc.
2025EXPT-790, 2025 QCNESST 120, mediator/adjudicator Patricia Riopel