Temporary assignment: employees who lie during a medical examination place their jobs at risk

Release date: April 9, 2009

A day labourer challenges his dismissal after shadowing proved that he had lied regarding his actual ability to perform a temporary assignment. Evidence revealed that he had falsely stated to his doctor that there were no temporary assignments available with his employer, in order to be placed on total medical leave. The arbitrator ruled that it was the employee’s responsibility to provide all the necessary information to his doctor so that the latter could make an informed decision and thus contemplate a temporary assignment. The arbitrator therefore found that the employee’s deliberate omissions and false statements constitute a serious offence that severs the relationship of trust, despite the latter’s 25 years’ seniority. The grievance is denied. Mittal Canada St-Patrick, s.e.c. v. Métallurgistes unis d’Amérique, Local 9399 (C. Cadieux) , D.T.E. 2008T-128 (T.A.) Me François Blais (June, # 10)


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