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ARTICLE · 08 MAY 2012

A Decision Not To Rehire Is Not Necessarily Discriminatory

Norton Rose Fulbright Canada LLP
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The Quebec Court of Appeal recently confirmed that an employer’s decision not to consider the application of a former employee who had been dismissed following excessive absenteeism due to alcoholism was not discriminatory, even if the former employee had been sober since his dismissal.

CanadaEmployment and HR
GenevièVe Lay
GenevièVe Lay
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The Quebec Court of Appeal recently confirmed that an employer's decision not to consider the application of a former employee who had been dismissed following excessive absenteeism due to alcoholism was not discriminatory, even if the former employee had been sober since his dismissal.

In Commission des droits de la personne et des droits de la jeunesse c Centre hospitalier universitaire de Sherbrooke, 2012 QCCA 306, the Quebec Court of Appeal was asked to review on appeal a Quebec Human Rights Tribunal (Tribunal) decision that dismissed a candidate's complaint alleging a breach of his right to equal treatment, without any distinction based on a handicap, as guaranteed by sections 10 and 16 of the Quebec Charter of Human Rights and Freedoms (Charter), when his application to a former employer was rejected without so much as an interview.

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