A maintenance employee who refused to wear the mask at work and who had consequently lost her job, a year ago, saw her complaint dismissed by the court.
The employee who worked for a housekeeping service went to the Administrative Labor Tribunal, citing the Act respecting labor standards. She alleged that she had been the victim of a dismissal without good and sufficient causein May 2021, because of his refusal to wear a mask at work.
However, the court ruled that, in fact, it was rather a resignation on his part.
His refusal to wear the mask, without any medical exemption, despite a clear and strict instruction to this effect, amounts to a voluntary resignation on his part.ruled the Court.
It is his own choice, but his refusal to obey and to respect the instruction however obliges the employer to dispose of his services. This is not a dismissal, but a resignation, and she is therefore not entitled to this action.underlined the Court.
To be able to invoke section 124 of the Act respecting labor standards, which provides a remedy for dismissal without good and sufficient causeas she did, the worker had to prove that she had been fired.
Gold, the initiative to terminate the contractual relationship with the employer lies entirely with the employeeconcludes the Administrative Labor Tribunal, which therefore rejects his complaint.
The Canadian Press
Source: Radio-Canada
