His family obligations did not allow him to choose his work schedule

A welder assigned to the evening shift claims to have been illegally transferred to the day shift in retaliation for reporting racism. The employee categorically refused to attend a three-week retraining course during the day shift on the grounds that it was incompatible with his family circumstances. However, an employee’s family obligations do not give them the right to choose their work schedule. The evidence shows that the denunciation of racism had no impact on the decision to temporarily transfer the employee for training. The transfer was related to a specific and legitimate objective. It was not a pretext for punishing the employee. Furthermore, asking him to attend a training session during a day shift did not violate the agreement between the parties. The complaints of prohibited practice and dismissal without just and sufficient cause are dismissed.

Tlili  c. Groupe J.L. Leclerc inc.
2025EXPT-935, 2025 QCTAT 1099 (DRT), a.j. Lyne Thériault

Motion for review requested (T.A.T.) 1368513-31-2404, 1368515-31-2404 et 330925