Worker who refused to wear mask loses Quebec labour tribunal case

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An worker who refused to put on a face masks at work within the wake of a provincial COVID-19 decree compelling him to take action and who filed a grievance with the Quebec labour tribunal claiming he was fired as a result of he took sick go away has misplaced his case.

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The tribunal discovered that the worker was dismissed for aggressive, bellicose, disrespectful and insubordinate conduct in addition to uttering intimidating feedback.

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Employed as a wrapper, the person opposed the provincial authorities decree issued in April 2021 that required masks in workplaces. He went to a walk-in clinic and procured a medical certificates testifying to his lack of ability to work till he might meet together with his doctor.

Nevertheless, whereas off work, he went to the break room at his place of employment and recorded his co-workers together with his cellphone. He maintained he had gone “to save lots of his colleagues,” the tribunal wrote.

Just a few days later, the worker filed a brand new medical certificates saying he might return to work, however solely beneath sure circumstances. The character of these circumstances was not specified.

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The employer tried with out success to study extra concerning the restrictions.

The employee then made aggressive feedback to a human assets worker.

The worker went to his supervisor’s workplace unmasked and aggressive. The supervisor informed him to go away instantly and a “energetic altercation” ensued, the tribunal wrote. The worker yelled near the face of the supervisor and shoves had been exchanged.

The worker referred to as police and filed a grievance in opposition to his supervisor, who then filed his personal grievance in opposition to the worker. Neither grievance resulted in any prices being laid.

In its determination, the tribunal discovered that an worker who claims they’ll solely work beneath sure circumstances should inform the employer of what these restrictions are.

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The tribunal, rejecting the worker’s grievance, cited the worker’s aggressive conduct and insubordination as the explanations for his dismissal.

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