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 employed by a housekeeping service had applied to the Administrative Labor Tribunal, citing the Act respecting labor standards. She alleged that she had been the victim of a “dismissal without just and sufficient cause”, in May 2021, because of her 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 is equivalent to a voluntary resignation on his part”, ruled the Court.
“It’s his own choice, but his refusal to obey and respect the instructions, however, obliges the employer to part with his services. It is not a question of a dismissal, but of a resignation and she is therefore not entitled to this action,” the Tribunal pointed out.
To be able to invoke section 124 of the Act respecting labor standards, which provides a remedy for “dismissal without good and sufficient cause”, as she did, the worker had to prove that she had been the subject of a dismissal.
However, “the initiative for severing the contractual link with the employer belongs entirely to the employee”, concludes the Administrative Labor Tribunal, which therefore rejects her complaint.
To see in video